Opinion 172
(This Opinion discusses a prior version of the Mo. Const. Art. IX, Sec.7 and Canons of Judicial Conduct; the most comparable current Mo. Const. Art. IX, Sec.7 and Rules 2-1.1 Compliance with the Law; and 2-1.2 Promoting Confidence in the Judiciary.)
Issue:
May a judge pursuant to a plea agreement impose, as a condition of probation, a requirement that the defendant pay a sum to specified charity, to the county treasury or to a “county crime reduction fund.” A “county crime reduction fund” is a fund established by county ordinance to collect and distribute such payments to law enforcement agencies.
Discussion:
In the case Matter of Storie, 574 SW2d 369, the Supreme Court determined that court consent to and participation in the operation of a “library fund” into which criminal defendants made contributions as part of plea bargains had the appearance to the public of a “payoff” and was violative of the Code of Judicial Conduct.
Article IX, Section 7 of the Missouri constitution, provides: “... the clear proceeds of all penalties, forfeitures and fines collected hereafter for any breach of the penal laws of the state, the net proceeds from the sale of estrays, and all other monies coming into said funds shall be distributed annually to the schools of the several counties according to law.”
In the opinion of the Commission on Retirement, Removal and Discipline, absent a state statute or constitutional provision to the contrary, a judge’s acquiescence in a plea bargain which would divert monies paid as a consequence of violations of the law from schools and instead require the monies to be paid to charities or funds set up by municipal or county ordinance is violative of the Code of Judicial Conduct in that it creates an appearance of impropriety and indicates the Judge has not been faithful to the law. The existence of a municipal or county ordinance providing a receptacle for payments in lieu of fines does not change the constitutional directive to distribute monies collected as fines to local schools.
The judge should not impose as a condition of probation payments to the county treasury, a county crime reduction fund or specified charity absent a state statute or constitutional provision authorizing such payments.
(Dated: September 3, 1998)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 172
Issue:
May a judge pursuant to a plea agreement impose, as a condition of probation, a requirement that the defendant pay a sum to specified charity, to the county treasury or to a “county crime reduction fund.” A “county crime reduction fund” is a fund established by county ordinance to collect and distribute such payments to law enforcement agencies.
Discussion:
In the case Matter of Storie, 574 SW2d 369, the Supreme Court determined that court consent to and participation in the operation of a “library fund” into which criminal defendants made contributions as part of plea bargains had the appearance to the public of a “payoff” and was violative of the Code of Judicial Conduct.
Article IX, Section 7 of the Missouri constitution, provides: “... the clear proceeds of all penalties, forfeitures and fines collected hereafter for any breach of the penal laws of the state, the net proceeds from the sale of estrays, and all other monies coming into said funds shall be distributed annually to the schools of the several counties according to law.”
In the opinion of the Commission on Retirement, Removal and Discipline, absent a state statute or constitutional provision to the contrary, a judge’s acquiescence in a plea bargain which would divert monies paid as a consequence of violations of the law from schools and instead require the monies to be paid to charities or funds set up by municipal or county ordinance is violative of the Code of Judicial Conduct in that it creates an appearance of impropriety and indicates the Judge has not been faithful to the law. The existence of a municipal or county ordinance providing a receptacle for payments in lieu of fines does not change the constitutional directive to distribute monies collected as fines to local schools.
The judge should not impose as a condition of probation payments to the county treasury, a county crime reduction fund or specified charity absent a state statute or constitutional provision authorizing such payments.
(Dated: September 3, 1998)