Supreme Court of Missouri
en banc
August 15, 2023
Effective September 1, 2023
In re:
(1) Repeal of the title of Court Operating Rule 21, entitled "Court Costs, Fees, Miscellaneous Charges and Surcharges," and in lieu thereof adoption of a new title of Court Operating Rule 21, entitled "Court Costs, Fees, Miscellaneous Charges, and Surcharges."
(2) Repeal of subdivisions (a)(14) and (a)(19) and the heading title of subdivision 21.01, entitled "Amount of Costs, Fees, Miscellaneous Charges and Surcharges;" subdivision 21.05, entitled "Election to Comply with Court Operating Rule 21.03;" subdivision 21.07, entitled "Participation in Court Debt Collection Program;" subdivision 21.09, entitled "Payment Plans;" subdivision 21.11, entitled "Administrative Plan for Collection of Court Debt;" and the heading title and subdivision 21.13, entitled "Time Payment Fee," of Court Operating Rule 21, entitled "Court Costs, Fees, Miscellaneous Charges, and Surcharges," and in lieu thereof adoption of new subdivisions (a)(14) and (a)(19) and a new heading title of subdivision 21.01, entitled "Amount of Costs, Fees, Miscellaneous Charges, and Surcharges;" a new subdivision 21.07, entitled "Participation in Court Debt Collection Program;" a new subdivision 21.09, entitled "Payment Plans;" a new subdivision 21.11, entitled "Administrative Plan for Collection of Court Debt;" and a new heading title and a new subdivision 21.13, entitled "Payment Plan Administrative Fee."
ORDER
1. It is ordered that, effective September 1, 2023, the title of Court Operating Rule 21 be and the same is hereby repealed and a new title of Court Operating Rule 21 is hereby adopted in lieu to read as follows:
COURT OPERATING RULE 21 | COURT COSTS, FEES, MISCELLANEOUS CHARGES, AND SURCHARGES
2. It is ordered that, effective September 1, 2023, subdivisions (a)(14) and (a)(19) and the heading title of subdivision 21.01, subdivision 21.05, subdivision 21.07, subdivision 21.09, subdivision 21.11, and the heading title and subdivision 21.13 of Court Operating Rule 21 be and the same are hereby repealed and new subdivisions (a)(14) and (a)(19) and the heading title of subdivision 21.01, a new subdivision 21.07, a new subdivision 21.09, a new subdivision 21.11, and a new heading title and a new subdivision 21.13 are adopted in lieu thereof to read as follows:
COURT OPERATING RULE 21.01 | AMOUNT OF COSTS, FEES, MISCELLANEOUS CHARGES, AND SURCHARGES
(a) The costs, fees, miscellaneous charges, and surcharges authorized on December 31, 2005, shall remain in effect until further order of this Court, except that in lieu of the provisions of section 488.012, RSMo, the costs shall be as follows:
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(14) In proceedings regarding guardianships and conservatorships:
(A) $60 when letters or successor letters are applied for in a guardianship of the person and/or conservatorship of the estate of a minor. The fee shall provide one certified copy of the letters at no additional cost;
(B) $25 for each additional 12 months a conservatorship of a minor remains open, until filing of the final settlement;
(C) $75 when letters or successor letters are applied for in a guardianship of an incapacitated person and/or conservatorship of a disabled person's estate. The fee shall provide one certified copy of the letters at no additional cost;
(D) $30 for each additional 12 months a conservatorship of a disabled person remains open until filing of the final settlement;
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(19) $15 for a court reporter fee in all cases filed in the circuit division, pursuant to section 488.2253, RSMo;
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COURT OPERATING RULE 21.05 | [REPEALED]
COURT OPERATING RULE 21.07 | PARTICIPATION IN COURT DEBT COLLECTION PROGRAM
All debt collection must comply with section 558.006, RSMo, in that, when an offender is sentenced to pay a fine and defaults in the payment of the fine or in any installment, the fine or installment shall be collected by any means authorized for the collection of money judgments, other than a lien against real estate, or may be waived at the sentencing judge's discretion.
All divisions of the circuit courts using the approved statewide case management system shall participate in the Missouri court debt collection program for the collection of accounts receivable.
Municipal divisions using the approved statewide case management system shall participate in the Missouri court debt collection program within six months of the implementation of the approved statewide case management system and the related accounting functionality.
Participation in the program requires such divisions to create payment plans in the approved statewide case management system for all amounts not paid in full at case disposition.
COURT OPERATING RULE 21.09 | PAYMENT PLANS
All courts shall utilize the approved statewide case management system and shall establish payment plan policies and procedures consistent with Rule 37.65 and sections 543.270, 558.004.4, and 558.006, RSMo. Prior to entering an order for a payment plan, when a fine, fee, or cost is assessed, or thereafter any time a fine, fee, or cost is due, if the defendant/debtor states he or she is unable to pay the amount then due, the judge shall inquire as to the defendant's/debtor's ability to pay. If the defendant/debtor has the ability to pay but is unable to pay when assessed or due or the defendant/debtor has no ability to pay, the court shall comply with the procedures set forth in Rule 37.65. Any payment plan, policy, or procedure established by the court should state the plan's effective date, the minimum payment due at case disposition, the minimum monthly payment amount, the means by which the court shall obtain the debtor's social security number pursuant to Court Operating Rule 4, and the collection procedure the court will utilize if there is a default in the payment.
COURT OPERATING RULE 21.11 | ADMINISTRATIVE PLAN FOR COLLECTION OF COURT DEBT
All divisions of the 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.
COURT OPERATING RULE 21.13 | PAYMENT PLAN ADMINISTRATIVE FEE
All divisions of the circuit courts, including municipal divisions, may assess a $25 payment plan administrative fee on all cases not paid in full within 30 days of disposition.
3. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
4. It is ordered that this order be published in the South Western Reporter.
5. 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
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MARY R. RUSSELL
Chief Justice