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Chief Justice delivers final address
While a president's State of the Union address gets plenty of coverage and those by governors make the news, Missouri also has an annual State of the Judiciary address.
At 10:30 a.m., this past Tuesday, for the last time in her term, Nevada resident and Chief Justice of the Supreme Court of Missouri, Patricia Breckenridge, addressed a joint session of the Missouri General Assembly as the voice of the judicial branch.
To a packed room, which included the Governor and Lieutenant Governor, the chief justice addressed matters ranging from reform of municipal and juvenile courts to de facto debtors' prison and electronic records to filling the vacancy created by the Nov. 2016 death of Judge Richard Teitelman.
Breckenridge began with a tweet she received after swearing in the Governor, earlier in the month.
"One tweet questioned the legitimacy of the oaths because... I -- correctly -- said 'MissourAH,' while you said, 'MissourEE,'" said the Chief Justice to laughter from the house.
The chief justice spoke of how the courts are often the "least understood" branch of government but she wanted to speak to concerns and inform state leaders about issues the court is facing head on.
This began with an appeal to the legislature for adequate funding of the judiciary. Referring to the 3,400 employees working in the court system statewide, Breckenridge said, "we must find a way to pay them 21st century wages for 21st century work."
In 2016, 1.8 million cases were filed in Missouri courts. Knowing of the legislature's interest in passing further legislation on tort claims such as wrongful death or personal injury, the chief justice quietly but firmly noted the need to address areas which represent a significant portion of cases because "less than 1 percent involve tort claims such as wrongful death or personal injury.
In July, 2016, state auditor, Nicole Galloway put a spotlight on the problems of the St. Louis municipal courts, finding five widespread issues. There were missing funds, a lack of accounting controls and procedures, poor record keeping which hid theft as well as overcharge of fines and fees. The audit further identified inadequate documentation of vehicle stop data and large amounts which had been collected but had not been transmitted to the state.
Said Breckenridge, "When serious problems in some St. Louis County municipal divisions came to light, we owned those problems."
The State Supreme Court imposed mandatory standards last September which detailed to all 625 municipal divisions in the state a code of conduct for all municipal personnel and merged a number of municipal courts -- including 13 in St. Louis County and placed clarified supervisory responsibilities for municipal courts by each circuit judge.
Moving on to criticisms of the juvenile division, Breckenridge reported on the creation of new standards for juvenile officers, adopted in December. "These create uniform practices and procedures; establish a code of conduct; and outline best practices that promote better outcomes for Missouri's children," said the Chief Justice.
In chapter one of Charles Dickens, "A Christmas Carol," Ebenezer Scrooge asks, "Are there no prisons?" He refers to debtors' prisons, where those unable to pay a court-ordered judgment are imprisoned until the person had worked enough to pay off the debt or had secured outside funds to pay the balance.
Of concern in present day Missouri is how those too poor to post bond are incarcerated for lengthy periods before their case is brought to trial, which amounts to a de facto "debtor's prison" system.
Breckenridge said, "Incarcerating persons simply because they are too poor to post bond needs to be examined in both municipal and criminal cases."
The chief justice noted the cost to defendants, to cities and counties for prisons, and, at times, even care for children whose mother is in prison. A court task force will examine how other states and cities have addressed this problem.
The chief Justice took a measure of pride in Missouri being a national leader in treatment courts, "however, we have not realized their full potential to reduce recidivism, produce productive citizens, reunify families, and address the needs of our veterans."
This is being studied and will require future legislative changes.
Referring to his inaugural address, Breckenridge said, "As Governor Greitens noted last week, we need a modern government which allows people to do more online instead of making them wait in line. We share that goal."
In 2016, Missouri completed its statewide electronic filing system and so is the first state to have e-filing in all courts of records.
"Who here doesn't know about Case.net which provides information about more than 20 million cases statewide and receives an average of 5 million hits every workday," said Breckenridge.
Expansion of access to case records raises matters of privacy and security and of course, increased costs. The chief justice raised the option of subscription fees or pay-per-view charges like those assessed by federal courts.
Breckenridge noted two significant changes in court leadership. The appointment of a new clerk of the supreme court and the death of a member of the court.
In late November, state supreme court Judge Richard Teitelman passed away. Names are being collected until Feb 3, with interviews held at the end of February and the Appellate Judicial Commission selecting and passing along three nominees to the governor who then has 60 days to conduct his own review and select the new judge. We look forward to this appointment.
After 38 years, supreme court clerk, Bill Thompson retired and was succeeded by the first woman ever to hold the position of clerk, Betsy AuBuchon.
"This is my fourth and, I am relieved to say, last big speech to deliver as chief justice," said Breckenridge.
The chief justice stopped to recognized one other person who was on hand for the speech saying, "I would like to introduce my husband, Bryan. For 40 years, he has loved and supported me and kept me grounded. Thank you for being here with me this morning."
Patricia Breckenridge will remain Chief Justice of the Missouri Supreme Court through June, 2017. She will remain a judge on the court until 2020 when she may either go before the voters to be retained or choose to retire.