COURT OPERATING RULE 12-1 IN GENERAL

COURT OPERATING RULE 12-1.01 DEFINITIONS

As used in this Court Operating Rule 12, except as required by the context, the following terms mean:

(a) "Chair," the chair of the Judicial Finance Commission;

(b) "Commission," the Judicial Finance Commission;

(c) "Commission Counsel," the general counsel of the commission;

(d) "Petitioner," any local governing body responsible for funding a circuit court that brings a petition seeking review of the proposed budget of that circuit court before the commission or any other entity authorized by statute to bring a petition seeking review before the commission;

(e) "Pleading," any complaint, answer, reply, application, protest, petition for review, or motion;

(f) "Presiding Officer," the chair, vice chair or other member of the commission presiding at a meeting, hearing, or proceeding before the commission;

(g) "Respondent," the entity against which the petition is filed; and

(h) "Vice chair," the vice chair of the commission.

 

COURT OPERATING RULE 12-1.03 CONSTRUCTION AND AMENDMENT

This Court Operating Rule 12 shall be liberally construed to secure just, speedy, and inexpensive determination of the issues presented. The rules may be amended at any time by the commission and shall become effective on approval by the Supreme Court.

COURT OPERATING RULE 12-1.05 THE COMMISSION

(a) Office. The commission's office is in Jefferson City, Missouri. General inquiries to the commission can be addressed to the Judicial Finance Commission, P.O. Box 150, Jefferson City, Missouri 65102, or made to the commission's e-mail address.

(b) Quorum. Four commission members constitute a quorum.

(c) Meetings. A quorum may conduct meetings in person or by telephone or video conferencing.

COURT OPERATING RULE 12-1.07 COMMISSION RECORDS

(a) Commission Certification. The commission counsel shall certify or authenticate all orders and other official actions of the commission.

(b) Official Records.

(1) The commission counsel shall maintain a complete record of all commission proceedings, orders, and decisions.

(2) The commission shall maintain accurate records of the cost and expenses of the judicial and law enforcement agencies for each county.

(c) Filings. Pleadings and briefs shall be filed with the commission by e-mailing them to the commission's e-mail address.

(d) Requests for Copies and Inspection of Records. Requests for official information, copies of the commission's orders or decisions, or transcripts of proceedings may be obtained at a standard cost per page plus postage on written request to the commission counsel. Requests to inspect public records shall be made by e-mailing the commission.

COURT OPERATING RULE 12-1.09 CODE OF ETHICS

Any person who signs a pleading or brief or enters an appearance at a hearing represents that he or she is authorized to do so and agrees to comply with the commission's rules.

COURT OPERATING RULE 12-1.11 TIME, COMPUTATION

(a) In computing any period of time prescribed or allowed by this Court Operating Rule 12, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or a legal holiday in Missouri, in which event the period runs until the end of the next day which is neither a Saturday, Sunday, nor a holiday.

(b) When by this Court Operating Rule 12 or by statutes an act is required or allowed to be done at or within a specified time, the commission for cause shown may at any time at its discretion:

(1) With or without motion or notice order the period enlarged if request is made before the expiration of the period originally prescribed or as extended by a previous order, or

(2) On notice and motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect. In no event, however, may the commission extend the time period prescribed in Court Operating Rule 12-23.01.

COURT OPERATING RULE 12-3 DISQUALIFICATION OR ABSENCE

COURT OPERATING RULE 12-3.01 DISQUALIFICATION

No member or temporary appointee shall participate in any proceeding involving the county or circuit where that member resides.

COURT OPERATING RULE 12-3.03 APPOINTMENT

If a member is disqualified or unable to hear a case, the Supreme Court, on the chair's request, may appoint a temporary replacement for the member who possesses the member's same qualifications.

COURT OPERATING RULE 12-5 PRESIDING OFFICER

COURT OPERATING RULE 12-5.01 DESIGNATION

The chair shall preside at all commission meetings and hearings. In the chair's absence or disqualification at a meeting or hearing, the vice chair shall preside. If both the chair and vice chair are absent or disqualified at a meeting or hearing, the commission may designate any other member to preside.

COURT OPERATING RULE 12-5.03 AUTHORITY

The presiding officer shall control the course of hearings, administer oaths, order subpoenas issued, receive evidence, hold appropriate conferences before or during hearings, rule on all objections or motions that do not involve final determination of proceedings, receive offers of proof, hear argument, and fix the time for filing of briefs.  The presiding officer may take such other action as may be necessary and appropriate to the discharge of his or her duties, consistent with the statutory or other authorities under which the commission functions and with the commission's rules and policies.

COURT OPERATING RULE 12-7 FORMAL REQUIREMENTS FOR ALL PLEADINGS AND BRIEFS

COURT OPERATING RULE 12-7.01 FORMATTING

Pleadings and briefs shall be formatted as set forth in Supreme Court Rule 55.02(b).

COURT OPERATING RULE 12-7.03 TITLE AND NUMBER

Pleadings and briefs shall include the case title and number assigned by the commission and the name and e-mail address of the attorney or other persons to whom all notices, pleadings, or briefs should be served.

COURT OPERATING RULE 12-7.05 SIGNATURES

All pleadings and briefs shall be signed by one of the following methods:

(a) If the party is a county government, by the budget officer, the county executive, the presiding commissioner, or the attorney for the county government;

(b) If the party is a circuit court, by the presiding judge of or the attorney for the circuit court; or

(c) If the party is the Missouri state public defender, by the state public defender commission chair, the state public defender director, or state public defender general counsel.

COURT OPERATING RULE 12-7.07 FILINGS AND COMMUNICATIONS WITH THE COMMISSION

(a) Unless the chair directs otherwise, the parties shall file their pleadings, briefs, or other documents, including exhibits attached thereto, with the commission by e-mailing them to the commission's e-mail address. 

(b) All communications with the commission shall be made through the commission's e-mail address. Parties or their attorneys shall provide an e-mail address through which all communications from the commission will be received.

COURT OPERATING RULE 12-7.09 AMENDED PLEADINGS

Any party may move to amend its pleadings at any time prior to the case's submission to the commission for decision. The commission has discretion in ruling on any motion to amend pleadings.

COURT OPERATING RULE 12-7.11 REJECTION OF FILINGS

(a) Pleadings, briefs or documents are to be liberally construed and accepted for filing unless their form or content significantly impedes proper review.

(b) Pleadings, briefs, or documents that are not in substantial compliance with this Court Operating Rule 12, commission orders, or applicable statutes shall not be filed. The commission counsel may return pleadings indicating the deficiencies therein and the reasons for not filing the same. The mere fact of filing shall not waive any failure to comply with these rules, commission orders, or applicable statutes, and the commission may require parties to file amended pleadings, briefs, or related documents or entertain appropriate motions in connection therewith.

COURT OPERATING RULE 12-9 PETITION FOR REVIEW

COURT OPERATING RULE 12-9.01 FORM AND CONTENTS

(a) All petitions shall comply with Court Operating Rules 12-7.01 to 12-7.07, shall conform to Form 2510, and shall state clearly and concisely the budget requested, amount disputed, the grounds for the dispute, and all supporting facts and figures. The commission's form shall include an opportunity for the parties to state their positions in a summary fashion. The county governing body shall file one copy of the complete county budget with the commission by e-mail. In or attached to its petition, the petitioner may file summaries of the budget that relate to the factors set out in section 50.640.2, RSMo, and Court Operating Rule 12-13.17 on the issue of the reasonableness. The petition shall also include evidence of attempts made to resolve the dispute before filing, including times and places of meetings held, persons attending, and matters discussed. The respondent may file a response to the petition. In its response or attached thereto, the respondent may supplement the record with references to the county budget that relate to the aforementioned issue of reasonableness. Any response shall be filed within 10 days of receipt of the petition.

(b) The parties shall provide the information required by Court Operating Rule 12-9.01(a) in the petition for review.

COURT OPERATING RULE 12-9.03 FILING

The petitioner shall file the petition with the commission by e-mail. Both the petition and any response may be filed and prosecuted without representation of counsel.

COURT OPERATING RULE 12-9.05 TIME

(a) Except for good cause shown, a county governing body's petition shall be filed according to the following schedule:

(1) Counties of the first classification and charter counties, January 1;

(2) Counties of the second classification, February 1; and

(3) All other counties, February 15.

(b) A petition relating to a dispute between a county or a city not within a county and the state public defender submitted pursuant to section 600.101, RSMo, may be filed at any time.

COURT OPERATING RULE 12-11 PROCEDURE ON FILING OF PETITION

COURT OPERATING RULE 12-11.01 SERVICE

If the petition is in substantial compliance with this Court Operating Rule 12, the commission shall e-mail a copy to the respondent.

COURT OPERATING RULE 12-11.03 SETTLEMENT CONFERENCE

On receipt of a petition, the commission shall immediately order a settlement conference to determine if the disputed matter can be resolved before setting the case for hearing. The presiding officer, or a member or members designated by the presiding officer, shall set a time and location for a settlement conference to resolve the dispute, if possible, or to define the issues in dispute. The presiding officer shall designate a member or members to meet with the disputing parties.

COURT OPERATING RULE 12-11.05 PREHEARING CONFERENCE

The presiding officer may order prehearing conferences for the purpose of formulating or simplifying the issues, arranging for the exchange of proposed exhibits or prepared expert testimony, limiting the number of witnesses, and such other matters as may expedite orderly conduct and disposition of the proceeding.

COURT OPERATING RULE 12-11.07 BRIEFS

The presiding officer may order the filing of briefs before oral argument and hearing, setting forth the legal and factual grounds in support of a party's position in summary fashion.

COURT OPERATING RULE 12-11.09 DISMISSAL

The commission may refuse to accept any petition, without argument and without hearing, when: 

(a) the percentage increase of the judicial budget is equal to or less than the percentage increase of the county government budget; or 

(b) four members vote to reject consideration of the case.

 

Such a refusal or dismissal shall operate as a final decision and, in any dispute involving a county governing body and a circuit court, an order to the county governing body to adopt the circuit court budget as submitted.

COURT OPERATING RULE 12-13 HEARINGS

COURT OPERATING RULE 12-13.01 SETTING

The commission may set a hearing date if the dispute remains unresolved after a settlement conference and the commission has determined that the issues are defined by the petition or any responses, pleadings, or briefs.

COURT OPERATING RULE 12-13.03 NOTICE

(a) Time and Place. Notice of the day, hour, and place of hearing shall be served at least 10 days in advance of the hearing unless the commission finds that public necessity requires the hearing be held on shorter notice.

(b) How Served. The commission shall serve notice of the hearing on each designated party and intervenor by e-mail to the addresses provided by each party or intervenor.

COURT OPERATING RULE 12-13.05 CONTINUANCES

On application of a party or when the commission deems it necessary, a continuance of a hearing date may be granted. When a continuance has been granted, the commission shall set the date for hearing as soon as practicable. The granting of a continuance requested by a party may be conditioned on the filing of a waiver of the party's right to enforce any statutory time limit imposed on the commission.

COURT OPERATING RULE 12-13.07 APPEARANCES

Failure of a party to appear at a hearing or settlement conference without previously having secured a continuance in accordance with this Court Operating Rule 12, except for good cause shown, may be grounds for refusal and dismissal of a petition or grounds for an adverse determination by the commission.

COURT OPERATING RULE 12-13.09 INTERVENTION

(a) Applications for Intervention. Applications to intervene in and become a party to a proceeding shall comply with Court Operating Rules 12-7.01 to 12-7.07, shall be in conformance with Form 2530, and shall be filed within 30 days of the petition's filing. Such applications shall set forth the grounds of the proposed intervention, the position and interest of the intervenor in the proceeding, and whether the intervenor's position is in support of or in opposition to the relief sought.

(b) Commission Policy on Intervention. Applications for intervention may be granted or denied at the commission's discretion. The commission's general policy is to grant such application when the intervenor shows that:

(1) The intervenor has an interest in the proceeding different from that of the county governing body, the circuit court, the Missouri state public defender, or the general public; 

(2) The proposed intervention would serve the public interest; or

(3) The intervenor is a municipality or other body politic.

(c) Opposing Intervention. Any party may file suggestions in opposition to intervention before the hearing.

COURT OPERATING RULE 12-13.11 PARTICIPATION WITHOUT INTERVENTION

The commission may permit participation without intervention.

COURT OPERATING RULE 12-13.13 CONSOLIDATION

The commission may consolidate by order proceedings involving related questions of law or fact.

COURT OPERATING RULE 12-13.15 ORDER OF PROCEDURE

The commission or the presiding officer shall determine the order of procedure in hearings and investigation proceedings. The parties and intervenors may move to alter the order of procedure for good cause shown.

 

COURT OPERATING RULE 12-13.17 REASONABLENESS OF BUDGET

(a) The circuit court shall have the burden of proving that the disputed expenditures in its proposed budget are reasonable.

(b) In determining if the circuit court estimate is reasonable, the commission shall consider:

(1) The expenditures necessary to support the circuit court in relation to the expenditures necessary for the administration of all other county functions;

(2) The actual or estimated operating deficit or surplus from prior years;

(3) All interest and debt redemption charges;

(4) All capital projects expenditures; and

(5) The total estimated available revenues from all sources available for financing the proposed expenditures.

In determining the reasonableness of any budget estimate involving compensation, the commission also shall consider compensation for county employees and similar duties, length of service, and educational qualifications.

COURT OPERATING RULE 12-13.19 LIMITING NUMBER OF WITNESSES

To avoid unnecessary cumulative evidence, the presiding officer may limit the number of witnesses or the time for testimony on a particular issue.

COURT OPERATING RULE 12-13.21 TRANSCRIPT CORRECTIONS

Suggested corrections to the transcript may be offered not later than five days after the transcript is filed in the proceeding. The offeree shall e-mail suggested corrections to each party and the commission.

If no objection is made to the suggested corrections within 10 days after it is filed, the commission may direct the corrections to be made and the manner of making it.

The commission may hear from the parties before determining the manner in which the record shall be changed, if at all.

COURT OPERATING RULE 12-15 EVIDENCE

COURT OPERATING RULE 12-15.01 FORM AND ADMISSIBILITY

In general, the commission follows the practice in the circuit courts of this state and the common law rules on admissibility of evidence as interpreted by the courts of this state, except that the commission may permit the introduction of hearsay evidence when, in its opinion, the circumstances require.

COURT OPERATING RULE 12-15.03 RULINGS

The presiding officer shall rule on the admissibility of all evidence. The commission may review evidentiary rulings in determining the matter on its merits. In extraordinary circumstances, when the commission's prompt decision is necessary to promote substantial justice, the presiding officer may refer the matter to the commission for determination during the hearing.

COURT OPERATING RULE 12-15.05 OBJECTIONS AND EXCEPTIONS

When objections are made to the admission or exclusion of evidence, the grounds relied on shall be stated briefly. Formal exceptions to rulings are unnecessary and need not be taken.

COURT OPERATING RULE 12-15.07 OFFER OF PROOF

If a party wishes to make an offer of proof for the record, the offer shall consist of a statement of the substance of the evidence not admitted because an objection was sustained.

COURT OPERATING RULE 12-15.09 PREPARED TESTIMONY

With the presiding officer's approval, a witness may read into the record his or her testimony on direct examination. Before any prepared testimony is read, unless excused by the presiding officer, the witness shall provide copies thereof to the commission, the official reporter, and all parties. Admissibility shall be subject to the rules governing oral testimony. If the presiding officer deems that substantial savings in time will result without prejudice to any party, prepared testimony may be copied into the record without having the witness read it aloud.

COURT OPERATING RULE 12-15.11 EXPERT TESTIMONY

Expert testimony may be presented only with the commission's prior approval. Permission should be requested at a prehearing conference or in writing at least five days before hearing. The request should include the expert's name and address and a brief summary of the expected testimony.

COURT OPERATING RULE 12-15.13 DOCUMENTARY EVIDENCE

If relevant and material matter offered in evidence is embraced in a document containing other matter, the offering party shall designate specifically the matter so offered. If other matter in the document would unnecessarily encumber the record, the document will not be received in evidence; but, at the presiding officer's discretion, the relevant and material matter may be read into the record or copies thereof received as an exhibit. Other parties shall be afforded opportunity to examine the document and to offer in evidence other portions thereof believed material and relevant.

COURT OPERATING RULE 12-15.15 STIPULATION

The parties may file a stipulation as to the facts. The stipulation shall be numbered and may be used at the hearing or for settlement purposes. This procedure is desirable whenever practicable. The stipulation shall not preclude the offering of additional evidence by any party or by the commission's staff.

COURT OPERATING RULE 12-15.17 COPIES OF EXHIBITS

When exhibits are offered in evidence, a copy shall be provided to the reporter. The party offering exhibits should also provide a copy for each commission member sitting, each party, and the commission staff, unless such copies have previously been furnished or the presiding officer directs otherwise.

COURT OPERATING RULE 12-15.19 COMMISSION RECORDS

If any matter contained in a document on file as a public record with the commission is offered in evidence, the document need not be produced as an exhibit, unless directed otherwise by the presiding officer, but may be received in evidence by reference, provided that the particular portions of such document are specifically identified and are otherwise competent, relevant, and material. If testimony in proceedings other than the one being heard is offered in evidence, a copy thereof shall be presented as an exhibit, unless the presiding officer directs otherwise.

COURT OPERATING RULE 12-15.21 OFFICIAL NOTICE OF FACTS

Official notice may be taken of such matters as may be judicially noticed by the courts of this state. The commission may also take official notice of the prior decisions of the commission as they may relate to issues before the commission.

COURT OPERATING RULE 12-15.23 ADDITIONAL EVIDENCE

At the hearing, the presiding officer may require the production of further evidence on any issue. On agreement of the parties, the presiding officer may authorize the filing of specific documentary evidence as a part of the record within a fixed time, reserving exhibit numbers therefor.

COURT OPERATING RULE 12-15.24 CONTROL OF PROCEDURE

The commission may limit the number of filings by the parties. After the imposition of any such limitation, a party may make additional filings only by leave of the chair or presiding officer upon a showing of good cause.

COURT OPERATING RULE 12-17 SUBPOENAS

COURT OPERATING RULE 12-17.01 REQUESTS FOR SUBPOENAS

Requests for the issuance of subpoenas, requiring the attendance of a witness for the purpose of taking oral testimony before the commission, shall be submitted by e-mail to the commission.

COURT OPERATING RULE 12-17.03 SUBPOENAS DUCES TECUM

Requests for the issuance of subpoenas for the production of documents or records shall:

(a) Be in writing;

(b) Specify the particular document or record, or part thereof, desired to be produced; and

(c) State the reasons why the production thereof is believed to be material and relevant to the issues involved.

COURT OPERATING RULE 12-17.05 WHO MAY ISSUE

Subpoenas may be signed and issued by the presiding officer or, at the commission's direction, by the commission counsel. No subpoena shall issue unless the applicant establishes that he or she has a proper relation to the matter. The name and address of the person or persons to whom the subpoena is issued shall be inserted in the original subpoena, a copy and the return of which shall be filed in the proceeding. A subpoena shall show at whose instance the subpoena is issued.

COURT OPERATING RULE 12-19 REOPENING PROCEEDINGS

COURT OPERATING RULE 12-19.01 SETTING ASIDE SUBMISSION

(a) After conclusion of a hearing, but before issuance of an opinion or order, a party may file with the commission a petition to set aside submission and reopen the proceeding for the taking of additional evidence in conformance with Form 2540. The petition shall specify the facts claimed to constitute grounds for justification thereof, including material changes of fact or of law alleged to have occurred since the conclusion of the hearing. It shall contain a brief statement of the proposed additional evidence and explain why such evidence was not previously adduced. On the commission's approval, the additional evidence may be received.

(b) After conclusion of a hearing, but before issuance of an opinion or order, the parties may agree to a settlement and seek to set aside the submission of the case. On the commission's approval, an order incorporating the settlement may issue, or the case may be dismissed and the petition refused and rejected.

COURT OPERATING RULE 12-21 DECISIONS

COURT OPERATING RULE 12-21.01 TIME

The commission, to the maximum extent practicable, shall resolve the dispute within a reasonable time after submission of the cause. If the dispute is submitted within 90 days of the end of the fiscal year, the commission shall resolve the dispute within 90 days of the beginning of the subsequent fiscal year.

COURT OPERATING RULE 12-21.03 SUBMISSION OF CAUSE

A proceeding shall stand submitted for decision by the commission after the filing of the petition and holding of the settlement conference, the filing of such briefs or the presentation of such oral argument as may have been prescribed by the commission or the presiding officer, and the submission of all exhibits. The commission's formal opinions and orders shall be issued and filed as soon as practicable after proceedings have been submitted.

COURT OPERATING RULE 12-21.05 OPINIONS

The commission shall issue a written opinion setting forth its conclusions as to the reasonableness of the budget request and stating the reasons for its decision. Any member who disagrees with the commission's findings may file a minority report.

COURT OPERATING RULE 12-21.07 SERVICE OF OPINION AND ORDERS

Opinions and orders shall be delivered to the parties by e-mail. When a party has appeared by a representative, delivery on such representative is delivery on the party.

COURT OPERATING RULE 12-23 PETITION FOR REVIEW IN SUPREME COURT

COURT OPERATING RULE 12-23.01 PETITION FOR REVIEW

On receipt of the commission's written opinion, dismissal of the case, or refusal to accept a petition for review, any aggrieved party may seek appellate review by filing a petition for review in the Supreme Court in conformance with Form 2590, with certificate of service upon the commission, not later than 30 days after the receipt of the commission's opinion, dismissal, or refusal.

COURT OPERATING RULE 12-23.03 SERVICE OF PETITION FOR REVIEW

The commission counsel shall serve a copy of the petition for review on all parties, other than those seeking review, by e-mail.

COURT OPERATING RULE 12-23.09 EFFECT OF NON-FILING

If a petition for review is not filed in the Supreme Court, then the commission's recommendation shall take effect notwithstanding the provisions of section 50.600, RSMo. If the commission refused to review or dismissed a petition for review of a circuit court budget request, and no petition for review is filed in the Supreme Court, the circuit court budget is approved as submitted to the county governing body.