Missouri Voters Reject Court Fee Hike for Police Pensions
On Tuesday, Missouri voters overwhelmingly rejected Amendment 6, which would have changed the state constitution to allow court fees to pay for law enforcement salaries and retirement benefits. The proposed language read: “In order to ensure that all Missourians have access to the courts of justice as guaranteed by this Constitution, the administration of justice shall include the levying of costs and fees to support salaries and benefits for sheriffs, former sheriffs, prosecuting attorneys, former prosecuting attorneys, circuit attorneys, and former circuit attorneys.”
In effect, the amendment would have reinstated a $3 court fee to fund the Missouri Sheriffs’ Retirement System. In 2021, the Missouri Supreme Court struck down this fee in Fowler v. Missouri Sheriffs’ Retirement System, finding it unconstitutional under Article I, Section 14, of the Missouri Constitution. This provision ensures open access to justice for all and guarantees the administration of justice without “sale, denial or delay.” The Missouri Supreme Court’s 1986 decision in Harrison v. Monroe County previously established that Article I, Section 14, provides protections to ensure that Missourians can access the courts without paying unreasonable charges.
Rather than identify an alternative way to fund the Sheriffs’ Retirement System, Missouri lawmakers sought an easy solution by referring Amendment 6 to the November ballot. By defining the administration of justice to include the levying of court fees and costs to fund salaries and benefits for law enforcement officials, Amendment 6 would have nullified the Court’s decision in Fowler.
The failure of Amendment 6 is a win for liberty. The amendment would have restored a set of perverse incentives that tie pension contributions to the volume of arrests, prosecutions, and other aspects of the criminal justice system. There is a growing body of evidence that law enforcement practices can be influenced by budgetary concerns unrelated to public safety. For example, local governments may respond to tax revenue losses by ramping up traffic citations. Diverting law
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