On Tuesday, Missouri voters overwhelmingly rejected it Amendment 6which would have amended the state constitution to allow court fees to pay for law enforcement salaries and pension benefits. The proposed language reads: “To ensure that all Missourians have access to the courts guaranteed by this Constitution, the administration of justice shall include the levying of costs and fees to support the salaries and benefits of 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 Sheriff’s Retirement System. 2021, Missouri Supreme Court struck down this fee in Fowler v. Missouri Sheriff’s Retirement Systemfound it unconstitutional under Article I, Section 14, of the Missouri Constitution. This provision ensures open access to justice for all and guarantees administration of justice without “sale, denial or delay”. Missouri Supreme Court in 1986 decision in Harrison v. Monroe County previously determined that Article I, Section 14 provides protections to ensure that Missourians can access the courts without paying unreasonable fees.
Instead of identifying an alternative way to fund the sheriffs’ pension system, Missouri lawmakers sought an easy solution by referring Amendment 6 to the November ballot. By defining the administration of justice to include the collection of court fees and costs to fund the salaries and benefits of law enforcement officers, Amendment 6 would have invalidated the court’s decision in Fowler.
The failure of Amendment 6 is a win for freedom. The amendment would have restored a set of perverse incentives that tied 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 may be affected by budgetary concerns unrelated to public safety. For example, local authorities can respond to tax revenue losses of increased traffic referrals. Diverting law enforcement resources to revenue-generating activities can also have consequences for public safety. Local authorities which trust more heavily on citation revenue on average solve violent and property crimes at lower rates.
Missouri is no stranger to the perverse incentives created by government reliance on court fines and fees for revenue. US Department of Justice (DOJ) Civil Rights investigation to the Ferguson Police Department after the 2015 shooting of Michael Brown found that the city’s law enforcement practices were shaped by a focus on revenue rather than public safety. The focus on revenue “compromised the institutional character of the Ferguson Police Department, contributed to a pattern of unconstitutional policing, and has also shaped its municipal court, leading to procedures that raise due process concerns and inflict unnecessary harm on members of the Ferguson community.” In the wake of the DOJ’s investigation, Missouri passed legislation cap court fines and fees to 20 percent of municipal revenue.
Law enforcement and courts are core government functions that should be funded through legislative appropriations, not fees. Court fines and fee revenues are unstable, and much of the revenue goes unclaimed. While proponents of Amendment 6 are rightfully concerned about the solvency of the Sheriff’s Retirement System, relying on such a source of revenue to cover pension obligations violates certain basic principles of public finance. Governments are legally obligated to fund pension benefits they have promised public workers, and pension obligations are always locked in. Fines and fee revenue may plateau while pension liabilities – and the employer contributions needed to fund them each year – continue to rise. Long-term pension solvency requires funding discipline and correct methods.
Too often, courts are seen as piggy banks that can be raided to cover government excesses. Now that voters have resoundingly rejected such practices, lawmakers and local governments will have to follow kitchen-table economics, reprioritize their funding and change spending plans. Republican Gov. Mike Parsons’ administration has proposed a two-year total appropriation of $5 million to temporarily cover pension costs, giving more time to develop a workable funding solution.
