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Municipal Clerk Manual – Courts without JIS



Section/Rule:
4.2

Subject:
Chapter 4 - Financial Procedures
Publication / Adopted Date:
February 1992

Topic:
Municipal Specific Court Costs
Revised / Effective Date:
July 2021
Municipal Clerk Manual
Courts without JIS
Chapter Four - Financial Procedures

4.2 – SPECIFIC MUNICIPAL COURT COSTS

References
Statutes: 56.807, 137.298, 221.070, 302.137, 304.027, 304.028, 476.055, 476.056, 479.260, 479.350, 479.353, 488.012, 488.014, 488.024, 488,026, 488.035, 488.607, , 488.2206, 488.2210, 488.2215, 488.2220, 488.2230, 488.2245, 488.2275, 488.4014, 488.5017, 488.5025, 488.5026, 488.5332, 488.5334, 488.5336, 488.5339, 491.090, 491.130, 491.290, 549.525, 550.170, 559.604, 559.607, 570.120, 595.045, and 610.026.
Supreme Court Rules: 37.73
Court Operating Rules: 21
Publication Date: February 1992
Revised: July 2021

Introduction

The Missouri Revised Statutes provide for various COURT COSTS that apply to municipal cases. This section addresses court costs that are assessed in most municipal cases filed in municipal court, costs assessed in the county municipal ordinance courts, as well as additional costs which may be taxed on these cases. All costs collected are to be remitted to the state, county, or municipal treasuries, on a monthly basis; however, none of these fees shall be collected in any case under the following circumstances:

Additionally, the total of court costs and fines for municipal minor traffic violations shall not exceed $300.00.

STANDARD MUNICIPAL COURT COSTS

Clerk Fee (Court Operating Rule 21.01(a) (5) Sections 479.260 and 488.012 RSMo)
Crime Victim’s Compensation (CVC) Fund Surcharge (Section 488.5339 and 595.045.6 RSMo)

A CVC surcharge of $7.50 shall be assessed on all traffic violation cases and other municipal ordinance violation cases, including non-moving traffic cases. The CVC surcharge is not assessed when the case or defendant is dismissed or when the costs are to be paid by the state, county, or municipality.

Municipal courts should remit 95% ($7.13) of the amount collected to the state, and 5% ($0.37) of the amount collected to the city treasury. Report the amount of CVC funds being disbursed each month on the City Fees Form 4583. This form should be mailed to the Department of Revenue by the 20th of each month for the collections from the previous month. The City Fees Form 4583 can be obtained from the Missouri Department of Revenue website:
www.dor.mo.gov/forms/4583.pdf

Forward the City Fees Form 4583 and a separate check for the Crime Victims Compensation Fund to:
See Section 4.3 for more information on the Crime Victims’ Compensation Fund.

Peace Officer Standards and Training (POST) Commission Surcharge (Section 488.5336 RSMo)

The POST surcharge of $1.00 shall be assessed on all municipal cases. The POST surcharge is not assessed when the case or defendant is dismissed or when costs are to be paid by the state, county, or municipality. The total amount collected should be remitted monthly to the Treasurer, State of Missouri-POST Fund. Identify the municipal court on the check and mail to:

Sheriffs’ Retirement Fund Surcharge (Section 488.024 RSMo)

Note: The Supreme Court of Missouri issued an opinion June 1, 2021, in Daven Fowler, et al., Appellants/Cross-Respondents, vs. Missouri Sheriffs' Retirement System, Respondent/Cross-Appellant regarding the constitutional validity of section 57.955, RSMo. The opinion was final when the Court issued a mandate June 17, 2021. The Court held that "§ 57.955 is not "reasonably related to the expense of the administration of justice" and therefore, violates article I, § 14 of the Missouri Constitution."

The order approving the updated COR 21.03 Schedules of Costs was issued June 29, 2021, with an effective date of July 1, 2021. The Sheriffs' Retirement Fund surcharge was removed from the schedules of cost.

A Sheriffs’ Retirement Fund surcharge of $3.00 shall be assessed on all municipal ordinance violations, except for municipalities in the 21st Circuit. This surcharge is not assessed when the case or defendant is dismissed or costs are to be paid by the state, county or municipality.

Report the amount collected on the Uniform Disbursement Record and remit at least monthly to the Sheriff’s Retirement Fund and mail to:

STANDARD COUNTY MUNICIPAL ORDINANCE COURT COSTS

Clerk Fee (Sections 479.260 and 488.012 and Court Operating Rule 21.01(a) (5))

Assess a $12.00 clerk fee for all county municipal ordinance cases when the county municipal ordinance court operates as a court separate from the circuit court. The clerk fee is not assessed when the case or defendant is dismissed or when costs are to be paid by the state, county, or municipality.

County Fee (Section 488.4014 RSMo)

Assess a $10.00 county fee on all violations of county ordinances. This fee shall not be assessed when the case or defendant is dismissed or when costs are to be paid by the state, county or municipality. Report the amount collected on the Uniform Disbursement Record and remit at least monthly to the county treasurer. Crime Victim’s Compensation (CVC) Fund Surcharge (Sections 488.5339 and 595.045.6 RSMo)

Assess the CVC surcharge of $7.50 on all traffic violation cases and other county ordinance violation cases, including non-moving traffic cases. The CVC surcharge is not assessed when the case or defendant is dismissed or when the costs are to be paid by the state, county, or municipality.

County municipal ordinance courts should remit 100% of the amount collected to the state. Report the amount collected on the Uniform Disbursement Record and remit the amounts collected for this fee at least monthly to the Department of Revenue. Forward a copy of the Uniform Disbursement Record and a separate check for the Crime Victim’s Compensation Fund to:

See Section 4.3 for more information on the Crime Victims’ Compensation Fund.

Brain Injury Fund Surcharge (Section 304.028 RSMo)

Assess a $2.00 Brain Injury Fund surcharge on all violations of county ordinances. The surcharge is not assessed when the case or defendant is dismissed or costs are to be paid by the state, county or municipality.

Report the amount collected on the Uniform Disbursement Record and remit at least monthly to the Department of Revenue-Brain Injury Fund and mail to:
Independent Living Center Fund Surcharge (Section 488.5332 RSMo)

Assess a $1.00 Independent Living Center Fund surcharge on all county ordinance violations. The surcharge is not assessed when the case or defendant is dismissed or costs are to be paid by the state, county or municipality.

Report the amount collected on the Uniform Disbursement Record and remit at least monthly to the Department of Revenue-Independent Living Center Fund and mail to:
Motorcycle Safety Trust Fund Surcharge (Section 302.137 RSMo)

Assess a $1.00 Motorcycle Safety Trust Fund surcharge on all violations of county ordinances. The surcharge is not assessed when the case or defendant is dismissed or costs are to be paid by the state, county or municipality.

Report the amount collected on the Uniform Disbursement Record and remit at least monthly to the Department of Revenue-Motorcycle Safety Trust Fund and mail to:

Peace Officer Standards and Training (POST) Commission Surcharge (Section 488.5336 RSMo)

The POST surcharge of $1.00 shall be assessed on all county municipal ordinance cases. The POST surcharge is not assessed when the case or defendant is dismissed or when costs are to be paid by the state, county, or municipality. The total amount collected should be remitted monthly to the Treasurer, State of Missouri-POST Fund. Identify the county on the check and mail to:

Prosecuting Attorneys’ and Circuit Attorneys’ Retirement Fund (Sections 56.807.7 and 488.026 RSMo)

Assess a $4.00 Prosecuting Attorney and Circuit Attorneys’ Retirement Fund fee on all county ordinances violations. This fee is not assessed when the case or defendant is dismissed or costs are to be paid by the state, county or municipality.

Report the amount collected on the Uniform Disbursement Record and remit at least monthly to the Prosecuting Attorney and Circuit Attorneys’ Retirement Fund and mail to:

Prosecuting Attorney Training Surcharge (Section 488.5017 RSMo)

Assess a $1.00 Prosecuting Attorney Training surcharge on all county ordinance violations. This surcharge is not assessed when the case or defendant is dismissed or costs are to be paid by the state, county or municipality.

Report the amount collected on the Uniform Disbursement Record and remit ½ of the monthly collections to the county treasurer and ½ to the Department of Revenue-Prosecuting Attorney Training and mail the state portion to:

Include the name of your county municipal court and the month of collection on the check to the Department of Revenue.

Sheriffs' Retirement Fund Surcharge (Section 488.024 RSMo)

Note: The Supreme Court of Missouri issued an opinion June 1, 2021, in Daven Fowler, et al., Appellants/Cross-Respondents, vs. Missouri Sheriffs' Retirement System, Respondent/Cross-Appellant regarding the constitutional validity of section 57.955, RSMo. The opinion was final when the Court issued a mandate June 17, 2021. The Court held that "§ 57.955 is not "reasonably related to the expense of the administration of justice" and therefore, violates article I, § 14 of the Missouri Constitution."

The order approving the updated COR 21.03 Schedules of Costs was issued June 29, 2021, with an effective date of July 1, 2021. The Sheriffs' Retirement Fund surcharge was removed from the schedules of cost.

A Sheriffs’ Retirement Fund surcharge of $3.00 shall be assessed on all county ordinance violations, except those in the 21st Circuit. This fee is not assessed when the case or defendant is dismissed or costs are to be paid by the state, county or municipality.

Report the amount collected on the Uniform Disbursement Record and remit at least monthly to the Sheriff’s Retirement Fund and mail to:

Spinal Cord Injury Fund Surcharge (Section 304.027 RSMo)

Assess a $2.00 Spinal Cord Injury Fund surcharge on all county ordinances violations. The surcharge is not assessed when the case, or defendant is dismissed or costs are to be paid by the state, county or municipality.

Report the amounts collected on the Uniform Disbursement Record and remit at least monthly to the Department of Revenue-Spinal Cord Injury Fund and mail to:

OTHER MUNICIPAL COURT COSTS

In addition to the standard court costs previously discussed for Municipal Courts and County Municipal Ordinance Courts, the following costs may also be assessed:
Bad Check Fee (Section 570.120.6 (2) RSMo)

The court may collect a reasonable service charge from an individual who wrote a bad check to the court for payment of court costs or other monies to be collected by the court, not to exceed $25.00, plus an amount equal to the actual charge by the bank for the return of each unpaid or dishonored check. Bad check fee collections should be distributed at least monthly to the city treasurer.

Copy Fees for Public Records (Section 610.026 RSMo and Court Operating Rule 21.01 (a) (22))

The court may assess and collect a reasonable charge for making photocopies of public records when the photocopies are requested by the public or any interested person. Fees for copying records shall not exceed $0.10 per page, with the hourly fee for duplicating time not to exceed the average hourly wage for clerical staff. Research time required for fulfilling records requests may be charged at the actual cost of research time.

It is recommended copy fees for both administrative records, (i.e. court rules, local ordinances, etc.) and case records, (i.e. case records) should be set to the same amount.

Courthouse Operations Surcharge – Greene, Cass, and Jefferson Counties Only (Section 488.2275 RSMo)

The municipal courts in Greene, Cass and Jefferson counties may collect a $10.00 surcharge for violations of municipal ordinances if the surcharge is authorized by the municipal government where the violation occurred. The surcharge shall not be assessed when the case has been dismissed by the court or when costs are to be paid by the state, county or municipality. The amount collected should be disbursed monthly to the county treasurer.

Courthouse Restoration Surcharge – Kansas City (Section 488.2215)

The Kansas City Municipal court may provide for an additional court cost up to $5.00 for the restoration or maintenance of the municipal courthouses, for each municipal ordinance violation filed before a municipal division judge or associate circuit judge. Remit the amount collected at least monthly to the city treasurer.

Domestic Violence Shelter Fund Surcharge (Section 488.607 RSMo)

A municipality may, by ordinance, provide for a Domestic Violence Shelter surcharge of up to four dollars ($4.00) to be assessed on all municipal ordinance cases. The Domestic Violence Shelter surcharge shall not be assessed when the case has been dismissed by the court or when costs are to be paid by the state, county, or municipality. The amount collected should be disbursed monthly to the city treasurer.

Incarceration Costs – Board Bill (Section 221.070 RSMo)

The decisions in SC97604, State of Missouri v. George Richey, and SC97630, State of Missouri v. John B. Wrightdo not allow for jail costs to be taxed as court costs when the defendant has been found guilty or pleads guilty. However, the defendant is liable to the city which may bill and/or file civil suit to collect. If a city uses the county jail, the city is liable to the county to pay the bill for jail costs.

Inmate Prisoner Detainee Security Fund Surcharge (Section 488.5026 RSMo)

A municipality may by ordinance, provide for an Inmate Prisoner Detainee Security Fund surcharge of two dollars ($2.00) to be assessed on all municipal ordinance cases. The Inmate Prisoner Detainee Security Fund surcharge shall not be assessed when the case has been dismissed or when costs are to be paid by the state, county or municipality. The amount collected should be disbursed at least monthly to the city treasurer for deposit to the “Inmate Prisoner Detainee Security Fund.”

Judicial Facility Surcharge – Circuit 31 (section 488.2206, RSMo)

A municipality within Circuit 31 may by ordinance, assess a surcharge of up to ten dollars ($10.00) for each municipal ordinance case. This surcharge shall not be assessed when the case has been dismissed or when costs are to be paid by the state, county, or municipality. The amount collected should be disbursed at least monthly to the city treasurer.

Judicial Facility Surcharge – Florissant (section 488.2245, RSMo)

Florissant may assess a surcharge of up to ten dollars ($10.00) for each municipal ordinance case for the land assemblage and purchase, construction, maintenance, and upkeep of a municipal courthouse. This surcharge shall not be assessed when the case has been dismissed or when costs are to be paid by the state, county, or municipality. The amount collected should be disbursed at least monthly to the city treasurer.

Kansas City Municipal Violations Surcharge (section 488.2230, RSMo)

The Kansas City Municipal court may assess an additional surcharge up to $7 for each municipal ordinance case. This surcharge shall not be assessed when the case has been dismissed or when costs are to be paid by the state, county or municipality. The amount collected should be disbursed at least monthly to the city treasurer.

This surcharge is to be used exclusively to fund special mental health, drug, and veterans courts, including indigent defense and ancillary services associated with such specialized courts.

Kansas City and Springfield Court Information and Records Management Fee (Section 488.2220 RSMo)

In addition to all other court costs for municipal cases a fee of up to $5.00 per case may be assessed on all municipal cases in certain cities as defined by section 488.2220, RSMo. The Court Information and Records Management fee shall not be assessed when the case is dismissed or when the costs are to be paid by the state, county, or municipality. The amount collected should be forwarded at least monthly to the city treasurer. The fee is to be used for the procurement, installation, maintenance, consulting services, and upkeep of a court information and records management system of the court.

Kansas City Probation Fee (Only Cities Greater than 350,000 Population and Located in More than one County) (section 549.525 RSMo)

A fee of $10.00 per month may be assessed on cases in which a defendant is convicted of an ordinance violation and placed on probation. The court may exempt a defendant from paying all or part of the fee. Remit the amount collected at least monthly to the city treasurer.

Law Enforcement Arrest Costs (section 488.5334, RSMo)

The arresting law enforcement agency may recover arrest costs when a defendant pleads guilty or is found guilty of municipal ordinance violations involving alcohol or drug related traffic offenses. Arrest costs may be taxed to the defendant as court costs. Such costs shall include the reasonable costs associated with making the arrest including the chemical test, processing, charging, booking and holding such person in custody. Each law enforcement agency may establish a schedule of such costs. The court may order the costs reduced if it determines the costs are excessive. Remit arrest costs when collected to the state or local law enforcement agency making the arrest.

Law Enforcement Training Fund Surcharge (section 488.5336, RSMo)

A municipality may by ordinance, provide for a Law Enforcement Training Fund surcharge of $2.00 to be assessed on all municipal ordinance cases. The Law Enforcement Training Fund surcharge shall not be assessed if the case is dismissed, or if the state, county, or municipality is liable for the costs. The surcharges collected should be disbursed monthly to the city treasurer.

Non-Negotiable Payment Fee (Court Operating Rule 21.01(a)(21))

The court may collect $4 for accepting payments of court costs by means other than by cash or negotiable instrument. Any court by local court rule may elect not to accept payments of court costs by means other than by cash or negotiable instrument. Non-negotiable payment fees should be disbursed at least monthly to the city treasurer.

Overpayment/Underpayment of Court Costs (section 488.014, RSMo)

Court costs are not required to be refunded when the overpayment is in the amount of ≤ $5.00. Court costs are also not required to be collected if the amount due is < $5.00. Any overpaid funds of ≤ $5.00 owed to a municipal division of the circuit court may be retained by the city for the operation of the court. Overpayments of Court Costs should be disbursed monthly to the city treasurer.

Overpayments:
Refund overpayments of $5.01 and greater.

Underpayments:
Consider writing off court costs with the courts approval for amounts of $4.99 or less.

Postage (Court Operating Rule 21.01 (a)(22))

The court may assess and collect the actual postage cost for mailing documents as required by statute. Postage costs collected should be paid to the Postmaster for special service or disbursed monthly to the city treasurer.

Probation Services (Sections 559.604 and 559.607, RSMo)

Municipal courts may contract with a private or public entity or employ a qualified person to serve as the city’s probation officer to provide probation and rehabilitation services. A service fee, determined by the judge, of not less than $30.00 or more than $50.00 shall be collected by the court for probation services and remitted to the entity as indicated in the contract with the court.

St. Louis City Courthouse Restoration Surcharge (Section 488.2215, RSMo)

The St. Louis Municipal court may provide for an additional court cost up to $5.00 for the restoration or maintenance of the municipal courthouses, for each municipal ordinance violation filed before a municipal division judge or associate circuit judge. Remit the amount collected at least monthly to the St Louis City treasurer.

St. Louis Municipal Fees (Section 488.2210, RSMo)

The St. Louis Municipal court may provide for additional court cost in an amount up to $20.00 per case for each municipal ordinance violation filed before a municipal division judge or associate circuit judge. Remit the amount collected at least monthly to the city treasurer.

Time Payment Fee (Court Operating Rules 21.01, 21.02, 21.03 and 21.05; Section 488.5025, RSMo)

The court may assess a discretionary fee of $25.00 on each case where the defendant does not pay a court ordered penalty, fine, sanction or court costs, including restitution and juvenile monetary assessments within 30 days of the date of order.

Ten dollars of the time payment fee is payable to the clerk of the court of the county where the fee is collected, or to any person designated by local court rule as treasurer of the fund, which shall be applied and expended under the direction and order of the court en banc of the county to be utilized by the court to improve, maintain and enhance the ability to collect and manage monies assessed or received by the courts, to improve case processing, enhance court security, preservation of the record or to improve the administration of justice.

Note: Before a municipal division begins assessing the $25 time payment fee, the court may work out an arrangement with the court en banc to determine who will be designated as the time payment custodian for the municipal division. The custodian of the fund must be established by a local circuit court rule. In addition to establishing a custodian of the fund, a process of approving disbursements made from the fund should be established with the court en banc. This may also be addressed in the local circuit court rule.

Eight dollars of the time payment fee shall be deposited in the statewide court automation fund pursuant to section 476.055, RSMo. A separate check should be issued to the Department of Revenue - Court Automation Fund - Time Payment Fee and mailed to:

Seven dollars of the time payment fee shall be paid to the Department of Revenue, to be deposited to the General Revenue Fund and mailed to:
The amounts collected for the time payment fee should be disbursed monthly according to the above allocations and entities.

Trial De Novo (Section 479.260.5, RSMo, Supreme Court Rule 37.73, COR 21.01(a)(5))

When an application for trial de novo is filed in the municipal court, a $30.00 application fee must be collected. Forward the amount collected with the case file and application for trial de novo to the Associate Division.

WITNESS FEES AND MILEAGE

Witness fees vary depending on whether the witness is a resident of Missouri or lives outside the state of Missouri.

Witnesses that Reside in Missouri (Section 488.012, RSMo)

For each day attending any court of record, reference, arbitrators, commissioners, clerk or coroner, at any inquest or inquiry of damages will receive twenty-five dollars ($25.00) per day plus a mileage allowance as provided in section 33.095, RSMo. OSCA sends the standard mileage rate to the appointing authorities annually at the beginning of each state fiscal year.

Witnesses that Reside Outside Missouri (Section 488.035, RSMo)

For each day a witness is summoned to testify or attend a proceeding in this state. $15.00

For traveling each mile in going to and returning from the place of trial. $ 0.10

Special Provisions Related to Witnesses (Sections 491.130, 491.290, 550.160 and 550.170, RSMo)

Witness fees (and mileage for out-of-state witnesses) shall be allowed and assessed as costs after the witness swears to the number of days attended (and the number of miles necessarily traveled). A witness attending more than one (1) case on the same day and at the same place shall be allowed fees in only one (1) case. (Section 491.290, RSMo).

No officer, appointee or employee holding a state, county, township or municipal office, including police officers and policemen, shall claim, be allowed or receive any fee or compensation as a witness in a criminal case. However, this does not apply when the official’s residence is five (5) miles from the place where the trial or coroner’s inquest is held, or where the grand jury is in session.

Costs shall not be allowed for any subsequent recognizance or subpoena for a witness. (Section 491.090, RSMo)

The state or county shall not be assessed costs for more than three (3) witnesses to establish any one (1) fact, nor with the costs of witnesses unnecessarily summoned. The costs of witnesses unnecessarily summoned shall, in the discretion of the court, be assessed against the party or attorney causing them to be summoned. (Section 550.170, RSMo).

In a civil suit, a witness shall not be compelled to attend at a greater distance than forty (40) miles from his or her place of residence, unless one (1) day’s attendance and, in the case of an out-of-state witness, legal fees for traveling, in going to and returning from the place of trial, are paid or tendered to him or her at the time of summoning. (Section 491.130, RSMo).

Upon application of a witness to have fees allowed, the clerk shall maintain a record in the case of the days served and the miles traveled and swear the witness to the truth of the number of days attended and the number of miles traveled. The clerk shall prepare a scrip as required in the case of grand jurors, to be countersigned by the foreman of the grand jury, and shall be paid by the county treasurer as allowed for grand jurors. (Section 491.290, RSMo).

OPTIONAL FUNDS FOR MUNICIPAL COURTS

Judicial Education Fund (Section 479.260, RSMo)

Each municipal division may establish, by judicial order, a Judicial Education Fund to provide for continuing education and certification of municipal judges, and the judicial education and training of the court administrator and clerks of the municipal division. If the fund has been established, the municipal division withholds $1.00 from “the clerk fee collected” on each case, and for deposits into the Judicial Education Fund administered by the municipal division. The Judicial Education Fund is not an additional fee, but it allows for an allocation of $1.00 to be taken from the $12.00 clerk fee.

Appointed Counsel Fund (Section 479.260, RSMo)

In addition to the Judicial Education Fund, each municipal division may establish an Appointed Counsel Fund. Both are funded by the same $1 referenced in the Judicial Education Fund with the allocation between the two funds being determined by the court. The appointed counsel fund shall only be used to pay court-approved reasonable fees for attorneys for indigent defendants who cannot pay for legal representation and are required to have appointed counsel by Supreme Court rules or the law. Any fund balance that exceeds $5,000 shall be paid over to the county or municipal treasury.

Intergovernmental Contracts (Section 137.298 RSMo)

Municipalities within 1st Class (Buchanan, Platte, Clay, Cass, Boone, Cole, Camden, Greene, Jasper, Taney, Cape Girardeau, Franklin, and Jefferson) or Charter counties (Jackson, St. Charles, and St. Louis) can enter into agreements with their respective counties to collect unpaid vehicle-related fines and fees (i.e. traffic fines, parking fines, towing fees, and court costs associated with those fines) as a component of a persons’ property taxes. These municipalities will have to develop a mechanism for compiling and transferring unpaid cost data to the county collectors.