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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : COURTS
Chapter : Chapter 477 Supreme Court and Court of Appeals
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1. The Missouri supreme court may answer questions of Missouri
law certified to it by the Supreme Court of the United States, a Court of
Appeals of the United States, a United States District Court or a United
States Bankruptcy Court if there are involved in any proceeding before
the certifying court questions of Missouri law which may be relevant to
the cause then pending and as to which it appears to the certifying court
there is no controlling precedent in this state.
2. This section may be invoked by an order of any of the courts referred
to in subsection 1 of this section upon the court's own motion or upon
the motion of any party to the cause.
3. A certification order issued under this section shall set forth the
questions of law to be answered and a statement of all facts relevant to
the questions certified and showing fully the nature of the controversy
in which the questions arose. The certification order shall be prepared
by the certifying court, signed by the judge presiding at the hearing and
forwarded to the Missouri supreme court by the clerk of the certifying
court under its official seal. The Missouri supreme court may request the
original or copies of all or of any portion of the record before the
certifying court to be filed with the certification order, if in the
opinion of the Missouri supreme court, the record or portion thereof may
be necessary in answering the questions.
4. Nothing contained in this section shall require the Missouri supreme
court to accept the certified case.
5. Fees and costs shall be the same as in civil appeals docketed before
the Missouri supreme court and shall be equally divided between the
parties unless otherwise ordered by the certifying court in its order of
certification.
6. Any written opinion of the Missouri supreme court stating the law
governing the questions certified shall be sent by the clerk under the
seal of the Missouri supreme court to the certifying court and to the
parties.
7. If any provision of this section or the application thereof to any
person, court, or circumstance is held invalid, the invalidity does not
affect other provisions or applications of this section which can be
given effect without the invalid provision or application, and, to this
end, the provisions of this section are severable. (L. 1989 S.B. 127, et
al. § 2)
The supreme court and each district of the court of appeals is
hereby authorized to appoint a clerk, a marshal, a librarian,
administrative personnel, reporter, deputies, stenographers, research
assistants, janitors, and such other employees as the court deems
necessary, and shall fix the compensation of persons thus employed within
the limits of the amount appropriated by the general assembly for such
purpose. (L. 1972 S.B. 485 § 2)
The supreme court shall have the power to direct the form of
writs and process; and to promulgate general rules for all courts of the
state. No such forms or rules shall abridge, enlarge or modify the
substantive rights of any litigant nor be contrary to or inconsistent
with the laws in force for the time being. (L. 1943 p. 353 § 10)
CROSS REFERENCE: Establishment of rules of practice and procedure, Const.
Art. V § 5
All services required by the judicial conference of the state of
Missouri, established by section 476.320, RSMo 1969, shall be furnished
by employees of the supreme court. (L. 1972 S.B. 485 § 3)
By January 1, 1991, the supreme court shall develop a jury
instruction to be used in criminal trials wherein a child under the age
of ten is a witness. (L. 1990 H.B. 1370, et al. § 20)
The decision of the majority of the judges of the supreme court
or of any district of the court of appeals shall be the decision of the
court, but if in any case the judges shall be equally divided in opinion,
the parties to the cause may agree upon some person learned in the law,
who shall act as special judge in the cause, and who shall sit therein
with the court, and give decision in the same manner and with the same
effect as one of the judges; and such agreement shall be in writing,
signed by the parties or their attorneys of record, and filed with the
papers and form a part of the record in the cause. If the parties cannot
agree upon a special judge, the court shall appoint, by an order of
record, some person possessing the qualifications aforesaid, to act as
such special judge. (RSMo 1939 § 1232, A.L. 1943 p. 353 § 140A, A.L. 1973
S.B. 263)
Prior revisions: 1929 § 1066; 1919 § 1517; 1909 § 2086
1. In each case determined by opinion by the supreme court or
any district of the court of appeals, or finally disposed of by opinion
upon a motion, the judicial opinion shall be reduced to writing and filed
in the cause. If the decision is not unanimous, the opinion shall show
which judge delivered it, and which judges concurred therein or dissented
therefrom.
2. The clerk of the appellate court shall, when the opinion of the court
is filed in his office, endorse thereon the day on which it is filed, and
enter the same on his minutes, and shall, within thirty days thereafter,
make a true copy thereof, and shall transmit the same without delay to
the trial court. (RSMo 1939 §§ 1233, 1235, A.L. 1943 p. 353 § 141, A.L.
1973 S.B. 263, A.L. 1978 H.B. 1634)
Prior revisions: 1929 §§ 1067, 1069; 1919 §§ 1518, 1520; 1909 §§ 2087,
2089
Effective 1-2-79
CROSS REFERENCE: Opinion to be in writing--where filed, Const. Art. V § 12
The court of appeals shall consist of three districts to be
known as the eastern, southern and western districts. (L. 1978 H.B. 1634)
Effective 1-2-79
*No continuity with § 477.040 as repealed by L. 1978 H.B. 1634.
The jurisdiction of the eastern district of the court of appeals
shall be coextensive with the counties of Monroe, Shelby, Knox, Scotland,
Clark, Lewis, Marion, Ralls, Pike, Lincoln, Montgomery, Warren, St.
Charles, St. Louis, Jefferson, Ste. Genevieve, Perry, Cape Girardeau,
Madison, St. Francois, Washington, Franklin, Audrain, Gasconade, Osage
and the city of St. Louis. (RSMo 1939 § 2053, A.L. 1945 p. 821, A.L. 1973
S.B. 263, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1889; 1919 § 2385; 1909 § 3907
Effective 1-2-79
The jurisdiction of the southern district of the court of
appeals shall be coextensive with the counties of Barry, Barton, Butler,
Camden, Cedar, Carter, Christian, Dade, Dallas, Douglas, Greene, Howell,
Hickory, Jasper, Laclede, Lawrence, McDonald, Newton, Ozark, Oregon,
Polk, Pulaski, Phelps, Ripley, St. Clair, Shannon, Stone, Texas, Taney,
Webster, Wright, Dent, Crawford, Maries, Reynolds, Iron, Wayne,
Bollinger, Scott, Stoddard, Dunklin, Pemiscot, New Madrid and
Mississippi. (RSMo 1939 § 2071, A.L. 1973 S.B. 263, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1907; 1919 § 2411; 1909 § 3926
Effective 1-2-79
The jurisdiction of the western district of the court of appeals
shall be coextensive with all the counties in the state except those
embraced in the jurisdiction of the eastern and the southern districts of
the court of appeals. (RSMo 1939 § 2061, A.L. 1973 S.B. 263, A.L. 1978
H.B. 1634)
Prior revisions: 1929 § 1897; 1919 § 2393; 1909 § 3915
Effective 1-2-79
1. In the event of any case being sent from a lower court on
appeal or writ of error to the wrong district of the court of appeals or
the supreme court, it shall be the duty of the court to which the case
has thus been sent, immediately on such fact coming to its attention, to
direct its clerk to forward the transcript therein, with the order of
transfer, to the clerk of the proper district of the court of appeals.
2. And in the event of any case being sent improperly on appeal or writ
of error from a lower court to any district of the court of appeals when
the same should have been sent to the supreme court, it shall be the duty
of such district of the court of appeals, immediately on such fact coming
to its attention, to order the transfer of the same to the supreme court
by its clerk, who shall at once send the same to the clerk of the supreme
court, accompanied by a copy of the order. On the receipt of the record
by the proper clerk, he shall at once file the same in his office, and
the case shall be proceeded with in the court to which it is transferred,
as if the same had gone there directly from the trial court. (RSMo 1939 §
2079, A.L. 1973 S.B. 263)
Prior revisions: 1929 § 1915; 1919 § 2419; 1909 § 3938
CROSS REFERENCES: Transfer of causes from courts of appeal to supreme
court, scope of review, Const. Art. V § 10 Venue of appeals, transfer to
court having jurisdiction, Const. Art. V § 11
From January 1, 1972, no new commissioner shall be appointed by
the supreme court or the court of appeals. All commissioners serving on
January 1, 1972, are eligible for reappointment for additional four-year
terms until they reach compulsory retirement age, or die, resign or are
removed. Each commissioner shall possess the same qualifications, take
and subscribe a like oath, and receive the same compensation payable in
the same manner as judges of the court appointing them. The commissioners
are subject to the rules and orders of the court appointing them and
shall provide such services as the court may require. (L. 1971 S.B. 117 §
1, A.L. 1972 S.B. 485)
From January 1, 1972, the commissioners of the supreme court, in
addition to their other duties, by order of the supreme court, may be
temporarily assigned for the performance of judicial duties as special
judges of the supreme court, of any district of the court of appeals, or
of any circuit court when their services are required for the prompt and
efficient administration of justice. During such temporary assignments,
subject to the supervision of the regular judge or judges of the court,
the commissioners shall exercise the same powers, duties, and
responsibilities as are vested by law in the regular judges of the court
to which they are assigned. (L. 1971 S.B. 117 § 2)
Effective 1-1-72
1. The official station of each judge of the supreme court and
court of appeals may be the locus of the court of which the judge is a
member or any circuit court county courthouse located where the judge
maintains an actual abode in which the judge customarily lives or at any
other office in that county.
2. The presiding judge of the judicial circuit in which a judge of the
supreme court or court of appeals has his official station may provide
suitable office space, if available, upon request by a judge of the
supreme court or court of appeals for use by the judge and the judge's
staff personnel.
3. Each judge of the supreme court and court of appeals, upon appointment
and from time to time thereafter as changes occur, shall notify the state
courts administrator in writing of the judge's official station, if other
than the city of the locus of the court of which the judge is a member.
4. Judges of the supreme court and court of appeals and their staff shall
be entitled to any state allowances for official travel and mileage to or
from their official station and the locus of the court on which the judge
sits. (L. 1988 S.B. 425 § 1, A.L. 1990 H.B. 1370, et al., A.L. 1999 S.B.
1, et al.)
All such expenditures accruing in the supreme court shall be
paid out of the state treasury, and warrants shall be drawn accordingly,
for which the certificate of the court shall be sufficient voucher. (RSMo
1939 § 2051, A. 1949 S.B. 1139)
Prior revisions: 1929 § 1887; 1919 § 2383; 1909 § 3905
1. Each judge of the supreme court of Missouri shall receive an
annual salary of ninety-one thousand five hundred and ninety-four dollars
plus any salary adjustment provided after August 28, 1990, pursuant to
section 476.405, RSMo. Each judge of the court of appeals shall receive
an annual salary of eighty-five thousand five hundred dollars plus any
salary adjustment provided after August 28, 1990, pursuant to section
476.405, RSMo. In addition thereto, each of the judges, when temporarily
serving, transferred or assigned as a judge of another court than the one
to which he was appointed or elected, shall be reimbursed for his actual
and necessary travel and other expenses incurred in the performance of
such temporary duty. The chief justice of the supreme court shall receive
as additional compensation the amount of two thousand five hundred
dollars per year.
2. The salaries and expenses shall be paid out of the state treasury and
shall constitute the total compensation for all duties performed by, and
all expenses of, the judges, and there shall be no further payment made
to or accepted by them for the performance of any duties required to be
performed by them as judges under the law.
3. The judges shall not practice law or do law business nor shall they
accept, during their terms of office, any public appointment or
employment for which they receive compensation for their services.
Further, any judge who resigns or retires from the supreme court is
prohibited from practicing before the supreme court for twenty-four
months following the effective date of such resignation or retirement.
4. The expenses provided for in this section shall be paid out of the
state treasury upon the certification by the judges so transferred or
assigned. (L. 1947 V. I p. 253 § 1, A. 1949 S.B. 1139, A.L. 1951 p. 422,
A.L. 1953 p. 392, A.L. 1959 S.B. 96, A.L. 1961 p. 308, A.L. 1967 p. 647,
A.L. 1972 S.B. 496, A.L. 1975 H.B. 82, A.L. 1977 H.B. 521, A.L. 1980 H.B.
1266, A.L. 1982 S.B. 497, A.L. 1984 H.B. 1244, A.L. 1990 S.B. 567)
Revisor's note: Salary adjustment index is printed, as required by §
476.405, in Appendix D, RSMo.
The judges of any district of the court of appeals, or a
majority of the judges of any of the districts, are hereby respectively
authorized to rent and furnish for their respective districts a suitable
courtroom and office for the clerk and rooms for the judges, and a room
for the janitor and marshal, and a room for the library, and to make such
arrangements for obtaining the use of the libraries of their respective
cities as they respectively may deem necessary and wise; all of which
expenditures, as also for stationery and other necessary outlay for each
of the districts, shall be paid by the state; and the certificate of the
chief judge of the respective districts as to the same shall be a
sufficient voucher to the commissioner of administration, and a warrant
shall be drawn accordingly on the state treasurer for the amount thereof.
(RSMo 1939 § 2068, A. 1949 S.B. 1139, A.L. 1973 S.B. 263, A.L. 1978 H.B.
1634)
Prior revisions: 1929 § 1904; 1919 § 2408; 1909 § 3923
Effective 1-2-79
A majority of the judges of any district of the court of appeals
is hereby authorized to purchase the necessary textbooks and digests for
the use of the judges in the conduct of their duty and to procure for a
like purpose such law journals and periodicals as they may deem
necessary; which expenditures shall be paid out of the state treasury, on
certificate of the chief judge of the district to the commissioner of
administration, and a warrant shall be drawn therefor on the state
treasurer. (RSMo 1939 § 2069, A. 1949 S.B. 1139, A.L. 1973 S.B. 263, A.L.
1978 H.B. 1634)
Prior revisions: 1929 § 1905; 1919 § 2409; 1909 § 3924
Effective 1-2-79
Whenever a vacancy occurs after September 3, 1970, in the office
of commissioner of the supreme court, a judge shall be appointed in the
manner prescribed by sections 25(a)-(g), article V of the Constitution of
Missouri to serve on the court of appeals. Appointments under this
section shall be made to the districts of the court of appeals in the
following order: eastern, western, southern, eastern, western, eastern.
(L. 1971 S.B. 117 § 3, A.L. 1978 H.B. 1634)
Effective 1-2-79
There shall be twelve judges of the eastern district of the
court of appeals. (L. 1978 H.B. 1634)
Effective 1-2-79
There shall be seven judges of the western district of the court
of appeals. (L. 1978 H.B. 1634)
Effective 1-2-79
*No continuity with § 477.170 as repealed by L. 1972 S.B. 485.
There shall be five judges of the southern district of the court
of appeals. (L. 1978 H.B. 1634)
Effective 1-2-79
*No continuity with § 477.180 as repealed by L. 1972 S.B. 485.
1. On July 1, 1979, the number of judges of the southern
district of the court of appeals shall be increased by one judge.
2. The judge appointed pursuant to the provisions of this section shall
be in addition to any other judges appointed to the southern district of
the court of appeals pursuant to other provisions of law. (L. 1978 S.B.
729 § 1)
The judgeships authorized by sections 477.160, 477.170 and
477.180 shall be in addition to those newly authorized after January 1,
1978, by the provisions of section 477.152 or by any other law enacted at
or after the second regular session of the seventy-ninth general
assembly. (L. 1978 H.B. 1634)
Effective 1-2-79
*No continuity with § 477.190 as repealed by L. 1972 S.B. 485.
1. On January 1, 1979, the western district of the Missouri
court of appeals shall be increased by three judges.
2. The judges appointed pursuant to the provisions of this section shall
be in addition to any other judges appointed to the western district of
the Missouri court of appeals under the provisions of any other law. (L.
1978 S.B. 506 § 1)
There shall be held in each year two sessions of the southern
district of the court of appeals at Springfield, Missouri, at times fixed
by the district. And the district shall hold two sessions at Poplar
Bluff, in Butler county, to hear arguments, have cases submitted and hear
and decide motions, the district having previously determined by order,
which may be changed at the pleasure of the district, the time of such
sittings and from what counties cases may be heard at that place;
provided, that, except by different stipulation of the parties, all cases
from the following mentioned counties shall be heard at Poplar Bluff,
viz: Butler, Carter, Ripley, Reynolds, Iron, Wayne, Bollinger, Scott,
Stoddard, Dunklin, Pemiscot, New Madrid, Crawford, Dent, Shannon, Oregon
and Mississippi. The district is hereby authorized to provide suitable
quarters at Poplar Bluff for that purpose, to be paid for as other
expenses of the district are paid. Each of the judges of the district
shall be allowed and paid his actual expenses incident to attending and
holding court at Poplar Bluff, which shall be paid as the salaries of the
judges are now paid. (RSMo 1939 § 2077, A. 1949 S.B. 1139, A.L. 1973 S.B.
263, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1913; 1919 § 2417; 1909 § 3936
Effective 1-2-79
The supreme court may declare the published volumes of the
decisions of the supreme court as the same are published by any person,
firm or corporation, to be official reports of the decisions of the
supreme court, and the court of appeals may jointly make a similar
declaration with respect to published volumes of the opinions of the
court of appeals. Any publication so designated as the official reports
may include both the opinions of the supreme court and the court of
appeals in the same volume. (L. 1957 p. 371 § 477.230, A.L. 1973 S.B. 263)
1. There is hereby created in the state treasury the "Supreme
Court Publications Revolving Fund", which shall be administered by the
clerk of the supreme court. All funds received by the clerk from the sale
of publications including, but not limited to, an appellate court opinion
summary and an appellate court pending issues digest shall be credited to
the fund. The state treasurer is the custodian of the fund and shall
approve disbursements from the fund at the request of the clerk of the
supreme court to purchase goods or services which will ultimately be used
in the production of publications.
2. Copies of, or subscriptions to, publications shall be made available
to the public by the clerk of the supreme court for a reasonable charge
established by him. The charge shall be an amount sufficient to defray
the costs of compiling, publishing, and mailing, including all personnel
costs. The clerk may waive the charge for a copy or subscription of a
publication for any public officer.
3. The supreme court publications revolving fund shall be funded annually
by appropriation. An unexpended balance in the fund at the end of the
fiscal year not exceeding fifty thousand dollars is exempt from the
provisions of section 33.080, RSMo, relating to the transfer of
unexpended balances to the general revenue fund.
4. The general assembly may transfer from the general revenue fund to the
supreme court publications revolving fund a sum not to exceed fifteen
thousand dollars to enable the clerk of the supreme court to continue
publications until sufficient funds have accumulated from sales of copies
or subscriptions. The clerk shall issue a warrant to the supreme court
publications revolving fund at such time that he deems the balance in the
fund sufficient, but not later than twenty-four months after the transfer
from the general revenue fund, payable to the general revenue fund of the
state to repay the money transferred to the supreme court publications
revolving fund from the general revenue fund. (L. 1981 H.B. 895 § 1)
Effective 6-25-81
All books, both bound and unbound, and matrices covering the
reports of the supreme court and the court of appeals heretofore
published and which are in the custody of the supreme court, shall remain
in the custody of the supreme court for the purpose of sale or
replacement, and the supreme court may fix the price at which the prior
official reports of the supreme court and the court of appeals are to be
sold to the public and may replace any lost or destroyed books free of
cost where such books were originally distributed free of cost. The
supreme court may authorize the reprinting of any prior volumes, the
replacement supply of which has become exhausted or insufficient. The
supreme court may also contract for the storage of such books and to
sell, give away, destroy or otherwise dispose of any excess books, bound
or unbound, which it deems not needed to provide a reasonable replacement
supply. (L. 1957 p. 371 § 477.240, A.L. 1973 S.B. 263)
The supreme court is hereby authorized to sell, destroy, give
away or otherwise dispose of surplus bound or unbound copies of the
official reports of the supreme court and the court of appeals at any
time that the supreme court shall determine that such surplus books are
in excess of the number of copies reasonably required to provide for
future needs for replacement and other sales and distribution. (L. 1957
p. 357 § 1, A.L. 1973 S.B. 263)
The supreme court is hereby authorized and directed to furnish
to the counties of this state for the use of the circuit and other courts
in the counties, a complete set of the reports of the supreme court of
Missouri and the reports of the court of appeals from volume 16, out of
any books on hand and available for such purpose, when the like books of
any such county, already furnished, have been lost by fire; and in such
event the secretary of state is authorized and directed to furnish to
such county the revised statutes of the state of Missouri and the session
laws out of any books in his hands available for that purpose. (RSMo 1939
§ 2096, A.L. 1973 S.B. 263)
Prior revisions: 1929 § 1933; 1919 § 2431; 1909 § 3951
All reports furnished as aforesaid under this chapter shall
belong to the respective offices of said officers, and shall be delivered
to their successors in office respectively, and shall, as received, be
stamped upon the outside of the lids with the seal of the respective
offices or courts; and in case there be no seal, there shall be written
upon their lids the style of the office or court to which they belong.
(RSMo 1939 § 2097)
Prior revisions: 1929 § 1934; 1919 § 2432; 1909 § 3952
On or before March 1, 1989, the supreme court of the state of
Missouri shall recommend guidelines appropriate for use by the general
assembly in determining the need for additional judicial personnel or
reallocation of existing personnel in this state, and shall recommend
guidelines appropriate for the evaluation of judicial performance. The
guidelines shall be filed with the chairmen of the house and senate
judiciary committees, and the court shall file therewith a report
measuring and assessing judicial performance in the appellate and circuit
courts of this state. (L. 1988 S.B. 425 § 4)
1. There is hereby created within the judicial department a
"Judicial Finance Commission". The commission shall be composed of seven
members appointed by the supreme court. At least one member of the
commission shall be a member of a county governing body from a county of
the third class, one member of the commission shall be a member of the
county governing body of a county of the first class , and one member of
the commission shall be a member of a county governing body from any
class of county. The supreme court shall designate one member to serve as
chairman and one member as vice chairman. The vice chairman shall preside
in the absence of the chairman.
2. The members of the commission shall serve for terms of three years and
until their successors are appointed and qualified; except that of the
initial members appointed, three shall serve for terms of one year, two
shall serve for terms of two years and two shall serve for terms of three
years, as designated by the court.
3. If a vacancy occurs the court shall appoint a replacement. The
replacement shall serve the unexpired portion of the term and may be
appointed to successive terms.
4. The commission shall promulgate rules of procedure which shall become
effective upon approval by the supreme court. The supreme court may adopt
such other rules as it deems appropriate to govern the procedures of the
commission.
5. The commission shall:
(1) Examine the budget request of the circuit court upon the petition by
the county governing body as provided in section 50.640, RSMo, or any
budget or item in the budget estimated by the court including, but not
limited to, compensation of deputy sheriffs and assistants, as set forth
in section 57.250, RSMo;
(2) Issue a written opinion addressed to the presiding circuit judge and
the presiding officer of the county. The opinion shall state the
conclusions of the commission as to the reasonableness of the circuit
court budget request. The opinion of the commission shall state clearly
the reasons for its decision. Any member of the commission who disagrees
with the commission's findings may file a minority report;
(3) Maintain accurate records of the cost and expenses of the judicial
and law enforcement agencies for each county;
(4) Submit an annual report to the governor, general assembly, and
supreme court on the finances of the judicial department. The report
shall examine both the revenues of the department and the expenses of the
department. The report shall include the information from all divisions
of the circuit court of each county including the circuit, associate
circuit, probate, juvenile and municipal divisions. The information shall
be reported separately except where the divisions are combined or
consolidated.
6. In discharging its responsibilities, the commission may:
(1) Conduct public hearings, take testimony, summon witnesses, and
subpoena records and documents;
(2) Conduct surveys and collect data from county governments and the
circuit courts on the operations of the judicial and law enforcement
agencies in each county. The commission and its staff shall be granted
access at any reasonable time to all books, records, and data the
commission deems necessary for the administration of its duties;
(3) Within the limits of appropriations made for the purpose, appoint
special committees, accept and expend grant funds, and employ consultants
and others to assist the commission in its work.
7. Upon receipt of the written opinion of the commission or upon refusal
of the commission to accept a petition for review, the circuit court or
the county governing body may seek a review by the supreme court by
filing a petition for review in the supreme court within thirty days of
the receipt of the commission's opinion. If a petition for review is not
filed in the supreme court, then the recommendation of the commission
shall take effect notwithstanding the provisions of section 50.600, RSMo.
If the commission refused to review a petition and no petition is filed
in the supreme court, the circuit court budget is approved as submitted
to the county governing body. The supreme court shall consider the
petition for review de novo.
8. The commission shall meet as necessary at the call of the chairman or
on written request of four members. Four members constitute a quorum for
the transaction of business. Upon request of the chairman, the supreme
court may appoint a temporary replacement for any commissioner who is
unable to hear a case or who is disqualified from any case. No member of
the commission shall participate in any proceeding involving the county
or circuit where the member resides.
9. Members of the commission shall receive no compensation for their
services but shall be reimbursed out of funds appropriated for this
purpose for their actual and necessary expenses incurred in the
performance of their duties.
10. The clerk of the supreme court shall provide suitable staff for the
commission out of any funds appropriated for this purpose. The commission
may also employ court reporters as necessary to take testimony at
hearings held pursuant to section 50.640, RSMo. The reporters shall be
compensated at a rate established by the commission out of any funds
appropriated for this purpose. (L. 1982 S.B. 497 § 2, A.L. 1995 H.B. 274
& 268 merged with S.B. 352, A.L. 1997 S.B. 248, A.L. 2003 H.B. 613 merged
with S.B. 465)
1. There is hereby created in the state treasury the "Basic
Civil Legal Services Fund", to be administered by, or under the direction
of, the Missouri supreme court. All moneys collected pursuant to section
488.031, RSMo, shall be credited to the fund. In addition to the court
filing surcharges, funds from other public or private sources also may be
deposited into the fund and all earnings of the fund shall be credited to
the fund. The purpose of this section is to increase the funding
available for basic civil legal services to eligible low-income persons
as such persons are defined by the Federal Legal Services' Corporation
Income Eligibility Guidelines.
2. Funds in the basic civil legal services fund shall be allocated
annually and expended to provide legal representation to eligible low-
income persons in the state in civil matters. Moneys, funds, or payments
paid to the credit of the basic civil legal services fund shall, at least
as often as annually, be distributed to the legal services organizations
in this state which qualify for federal legal services corporation
funding. The funds so distributed shall be used by legal services
organizations in this state solely to provide legal services to eligible
low-income persons as such persons are defined by the Federal Legal
Services' Corporation Income Eligibility Guidelines. Fund money shall be
subject to all restrictions imposed on such legal services organizations
by law. Funds shall be allocated to the programs according to the funding
formula employed by the legal services corporation for the distribution
of funds to this state. Notwithstanding the provisions of section 33.080,
RSMo, any balance remaining in the basic civil legal services fund at the
end of any year shall not be transferred to the state's general revenue
fund. Moneys in the basic civil legal services fund shall not be used to
pay any portion of a refund mandated by article X, section 15 of the
Missouri Constitution.
3. The Missouri supreme court, or a person or organization designated by
the court, is the administrator and shall administer the fund in such
manner as determined by the Missouri supreme court, including in
accordance with any rules and policies adopted by the Missouri supreme
court for such purpose. Moneys from the fund shall be used to pay for the
collection of the fee and the implementation and administration of the
fund.
4. Each recipient of funds from the basic civil legal services fund shall
maintain appropriate records accounting for the receipt and expenditure
of all funds distributed and received pursuant to this section. These
records must be maintained for a period of five years from the close of
the fiscal year in which such funds are distributed or received or until
audited, whichever is sooner. All funds distributed or received pursuant
to this section are subject to audit by the Missouri supreme court or the
state auditor.
5. The Missouri supreme court, or a person or organization designated by
the court, shall, by January thirty-first of each year, report to the
general assembly on the moneys collected and disbursed pursuant to this
section and section 488.031, RSMo, by judicial circuit. (L. 2003 S.B. 447)
Expires 12-31-07
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