98-0051, Macon County v. Forty-First Judicial Circuit

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DECISION SUMMARY: Salary increases for deputy sheriffs and jailers are reasonable. The proposed salary for juvenile office secretary is reasonable. The circuit court failed to establish the reasonableness of request for speech computer assisted equipment and typewriter. Macon County is required by section 478.035, RSMo Supp. 1996, to provide suitable quarters for the circuit courts and article V, section 15.3 of the Missouri constitution provides that the presiding judge of each judicial circuit shall have administrative authority over the court and its divisions. Thus, the presiding judge's authority extends to determining whether the quarters provided by the county are suitable as is required by law. However, the Judicial Finance Commission retains jurisdiction to determine reasonableness of the presiding judge's budget request pursuant to sections 50.640 and 477.600, RSMo Supp. 1997. The proposed expenditures for off-site space and offices for judicial officials incurred prior to National Institute for Occupational Safety and Health (NIOSH) recommendations are reasonable. Upon implementation of NIOSH recommendations, off-site expenses are to be proportionately reduced. The proposed expenditure for attorney's fees relating to a lawsuit filed by the court against Macon County arising from this dispute is reasonable. The remaining proposed expenditures in dispute are unreasonable.

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