Order dated April 30, 2019, re: Court Operating Rules 21.02 Distribution of Fees and 21.11 Administrative Plan for Collection of Court Debt

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Supreme Court of Missouri
en banc


April 30, 2019
Effective July 1, 2019

In re:

Repeal of subdivisions (a), (c), and (d) of subdivision 21.02, entitled "Distribution of Fees," and subdivision 21.11, entitled "Administrative Plan for Collection of Court Debt," of Court Operating Rule 21, entitled "Court Costs, Fees, Miscellaneous Charges and Surcharges," and in lieu thereof adoption of new subdivisions (a), (c), and (d) of subdivision 21.02, entitled "Distribution of Fees;" and a new subdivision 21.11, entitled "Administrative Plan for Collection of Court Debt."

ORDER

1.  It is ordered that effective July 1, 2019, subdivisions 21.02(a), (c), and (d), and subdivision 21.11 of Court Operating Rule 21 be and the same are hereby repealed and new subdivisions 21.02(a), (c), (d), and a new subdivision 21.11 adopted in lieu thereof to read as follows:

COURT OPERATING RULE 21.02          DISTRIBUTION OF FEES

(a) The fees collected pursuant to Court Operating Rule 21.01(a)(1), (2), (3), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), and (18), except the $12 fee referenced therein, by clerks in all divisions of the circuit courts, other than the municipal divisions, shall be paid over within 30 days of the date that the fee, cost or charge was received, as follows:

(1) 80% of such amounts collected shall be paid to the director of revenue, to be deposited to the general revenue fund;

(2) 20% of such amounts collected shall be paid into the county treasury or, in the case of the city of St. Louis, into the city treasury.

*    *    *

(c) The fees collected pursuant to Court Operating Rule 21.01(a)(4) by clerks shall be paid to the director of revenue to be deposited in the court automation fund pursuant to section 488.027, RSMo.

(d) The fees collected pursuant to Court Operating Rule 21.01(a)(21) by clerks shall be retained by the court to offset related costs.

*    *    *

COURT OPERATING RULE 21.11          ADMINISTRATIVE PLAN FOR COLLECTION OF COURT DEBT

All circuit courts shall develop a formal administrative plan for collection of court debt.  The plan shall be reviewed and evaluated annually to ensure results are consistent with the plan objectives.  The plans should address at least the following topics: settlement agreements, payment plans, coordination with probation and parole, review and write off of accounts receivables deemed uncollectible, and sanctions for non-payment of debt.

2.  It is ordered that notice of this order be published in the Journal of The Missouri Bar.

3.  It is ordered that this order be published in the South Western Reporter.

4.  The state courts administrator shall provide copies of this order to every presiding circuit court judge and circuit clerk and such other persons as the administrator deems appropriate.

Day – to – Day

________________________________
ZEL M. FISCHER
Chief Justice

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