Amendment 6 - Fees to Support Law Enforcement

Missouri Constitutional Amendment 6: Levying of Fees to Support Law Enforcement Personnel

On November 5, 2024, Missouri voters will consider Amendment 6, a proposed constitutional amendment that would allow for the levying of fees to support law enforcement personnel salaries and benefits. If passed, this amendment would redefine the administration of justice to include the financial support of sheriffs, prosecutors, and their spouses.

About this series…

This is Article #5 in a series of covering the NINE constitutional amendments and propositions that will be included on our November ballot. These articles will be published throughout October and will hopefully help explain what each ballot measure means (beyond the short ballot language we normally get to see). I will NOT be offering opinions on the candidates for office - you're on your own for that ;-)

My website and email list present the "newest" articles first, so this series will likely appear to you in reverse order. If you want to start from the beginning – start with Article #1 and follow the links to read the articles in the order they were published.

Amendment 6: Levying of Fees to Support Law Enforcement Personnel

On November 5, 2024, Missouri voters will consider Amendment 6, a proposed constitutional amendment that would allow for the levying of court fees to fund the salaries and benefits of law enforcement personnel, including sheriffs, prosecutors, and circuit attorneys. This measure would add a provision to the Missouri Constitution, enabling these fees to support retirement and compensation programs for current and former law enforcement personnel.

What Would Amendment 6 Do?

If passed, Amendment 6 would define the "administration of justice" to 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 their spouses. This would expand the current interpretation of court costs to cover compensation for these officials.

Supporters argue that sheriffs play a crucial role in public safety and the administration of justice, and therefore, their salaries and benefits should be safeguarded as part of this system. Opponents, however, raise concerns about tying law enforcement salaries to court fees, as it could create unintended financial incentives in the judicial process.

Official Ballot Language

The official ballot language for Amendment 6, as it will appear on the November 5, 2024, ballot, is as follows:

Shall the Missouri Constitution be amended to preserve funding of law enforcement personnel for the administration of justice?

State and local governmental entities estimate an unknown fiscal impact.

Constitutional Changes

The following changes would be made to the Missouri Constitution if Amendment 6 is approved. The underlined text would be added to Section 14 of Article I of the Missouri Constitution:

Text of Section 14:

1. That the courts of justice shall be open to every person, and certain remedy afforded for every injury to person, property, or character, and that right and justice shall be administered without sale, denial, or delay.

2. 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.

Impact on Court Costs

Amendment 6 could potentially lead to an increase in court costs as additional fees would be levied to fund law enforcement personnel salaries and benefits. Currently, court costs are used to cover a variety of administrative expenses related to the operation of Missouri's court system, including funding for court operations and maintenance of court facilities. These costs are distributed among various entities at both the state and local levels.

There is some concern among opponents of Amendment 6 that the introduction of additional fees could place a financial burden on individuals involved in the court system, particularly those who may already face economic challenges. The redistribution of these fees toward law enforcement salaries might reduce available funds for other court-related expenses or could require an increase in fees overall to compensate for this reallocation.

Arguments For and Against the Measure

Supporters, such as State Sen. Rusty Black (R), argue that "sheriffs play a crucial role in the administration of justice" and that the amendment would "ensure a robust retirement fund for sheriffs as they approach the end of their careers." Supporters also emphasize that the measure would provide financial stability to law enforcement personnel without impacting taxes.

On the other hand, opponents such as the Reason Foundation claim that Amendment 6 "would reinstate a set of perverse incentives that tie pension contributions to the volume of arrests, prosecutions, and other aspects of the criminal justice system." They argue that relying on court fees to fund law enforcement salaries could lead to potential conflicts of interest, diverting resources from core judicial responsibilities.

Conclusion

Missouri voters must weigh the potential benefits of ensuring stable financial support for sheriffs and law enforcement personnel against the potential drawbacks of linking their compensation to court fees. The broader impact on court costs and how this measure may affect other areas of the judiciary are important considerations as well.

As with all ballot measures, it is essential to understand both the immediate and long-term implications of such changes to Missouri's Constitution. Voters are encouraged to review the arguments on both sides and consider the effects of this amendment carefully.

Where to Find More Information

To learn more about Missouri Constitutional Amendment 6, you can visit the following resources:

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