maca enews fall 2014 maca enews sponsored by...maca enews page3sistance unit to have the surcharge...

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If you’re wondering how long you’ll be collecting the $3 surcharge from convicted defendants for the Sheriffs’ Retirement Fund, or if you’re won- dering whether or not you’ll have to start col- lecting it, you’ll need to wait for the answer awhile longer. The Cole County Circuit Court recently dismissed (for lack of standing) a closely watched suit which sought to end the $3 surcharge. This is the same court that in August 2013 had declined a re- quest to stop the collec- tions. Attorneys in favor of all municipal courts collecting the surcharge represent the Office of State Courts Administra- tor (OSCA), the Missouri Attorney General, and the Sheriffs’ Retirement Sys- tem. Opposition to such collections includes, among others, attor- ney Frank Vatterott (right), City of Slat- er, Missouri Munici- pal League and two municipal employ- ees. The case in now be- ing appealed to the Western District Court of Appeals. St. Louis-area attor- ney Frank Vatterott said about the $3 surcharge’s effect, “I feel strongly about it. It is terrible these poor defendants get a ticket and then have to pay an extra three dollars into a retirement fund having nothing to do with the work of the municipal court.” The history of the $3 sur- charge is fairly straight- forward: The General Assembly established the Sheriffs’ Retirement Fund in 1983. For the next 30 years, the sur- charge did not appear to apply to municipal courts. Then, in 2013, the Attor- ney General issued an opinion stating that though municipal divi- (Continued on page 2) $3 Surcharge Under Appeals Court Review Missouri Association for Court Administration Officers 2013-2014 President Jeff Chapple/O’Fallon President Elect Jody Caswell/Creve Coeur Secretary Colleen Massey/Manchester Treasurer Debra A. Freise/Moscow Mills Hospitality Chair Dee Williams/Columbia Membership Director Amy Essary/Branson West Professional Development Donna Tharp/Warson Woods Directors (Region) Tami Trulove (1) Carol Wheat (2) Dana Hamilton (3) Deana D. Teague (4) Jeanne Edster (5) Jeanette Chastain (6) Deborah Galey (7) Tab A. Armstrong (8) Alicia Smith (9) MACA’s Fall Seminar Accomplishes Much MACA’s Fall Seminar at Tan-Tar-A in October was a success, with many attendees gathering useful information from the nu- merous presenta- tions. Relevant topics such as evidence-based prosecu- tion, records retention, Missouri DWI pro- cessing, and the Sunshine Law provided the useful, up-to-date information MACA members have come to depend on for ongoing educa- tion. Networking and socializing were also part of the annual two-day event. MACA eNews MACA ENEWS FALL 2014 Profile: Macon’s Robin Ausmus 2 Rewrite of Criminal Code Draws Attention 3 Domestic Violence Surcharge 3 New Website...Log on now and try it! 3 Newest CCA’s— Congratulations! 5 President Chapple’s Message 7 MACA’s New Publica- tion... MACA eNews! 7 INSIDE THIS ISSUE: Hello, Court Clerks & Administrators - Welcome to MACA eNews, your monthly snapshot of the latest association news and information to enjoy, share, and use! sponsored by... “I’m glad when I’m able to at- tend...I pick up some very useful information, and I also enjoyed seeing some close friends.” -Kimberly Castillo Springfield Municipal Court Frank Vatterott, attorney opposing $3 surcharge. e.

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Page 1: MACA ENEWS FALL 2014 MACA eNews sponsored by...MACA ENEWS PAGE3sistance Unit to have the surcharge amount updated. struction, maintenance, and opera-Also, for all municipal courts,

If you’re wondering how

long you’ll be collecting

the $3 surcharge from

convicted defendants for

the Sheriffs’ Retirement

Fund, or if you’re won-

dering whether or not

you’ll have to start col-

lecting it, you’ll need to

wait for the answer

awhile longer.

The Cole County Circuit

Court recently dismissed

(for lack of standing) a

closely watched suit

which sought to end the

$3 surcharge. This is the

same court that in August

2013 had declined a re-

quest to stop the collec-

tions. Attorneys in favor

of all municipal courts

collecting the surcharge

represent the Office of

State Courts Administra-

tor (OSCA), the Missouri

Attorney General, and the

Sheriffs’ Retirement Sys-

tem. Opposition to such

collections includes,

among others, attor-

ney Frank Vatterott

(right), City of Slat-

er, Missouri Munici-

pal League and two

municipal employ-

ees.

The case in now be-

ing appealed to the

Western District

Court of Appeals.

St. Louis-area attor-

ney Frank Vatterott

said about the $3

surcharge’s effect,

“I feel strongly

about it. It is terrible

these poor defendants get

a ticket and then have to

pay an extra three dollars

into a retirement fund

having nothing to do with

the work of the municipal

court.”

The history of the $3 sur-

charge is fairly straight-

forward: The General

Assembly established the

Sheriffs’ Retirement

Fund in 1983. For the

next 30 years, the sur-

charge did not appear to

apply to municipal courts.

Then, in 2013, the Attor-

ney General issued an

opinion stating that

though municipal divi-

(Continued on page 2)

$3 Surcharge Under Appeals Court Review

Missouri Association for

Court Administration

Officers 2013-2014

President

Jeff Chapple/O’Fallon

President Elect

Jody Caswell/Creve Coeur

Secretary

Colleen Massey/Manchester

Treasurer

Debra A. Freise/Moscow Mills

Hospitality Chair

Dee Williams/Columbia

Membership Director

Amy Essary/Branson West

Professional Development

Donna Tharp/Warson Woods

Directors (Region)

Tami Trulove (1)

Carol Wheat (2)

Dana Hamilton (3)

Deana D. Teague (4)

Jeanne Edster (5)

Jeanette Chastain (6)

Deborah Galey (7)

Tab A. Armstrong (8)

Alicia Smith (9)

MACA’s Fall Seminar Accomplishes Much

MACA’s Fall Seminar at

Tan-Tar-A in October

was a success, with many

attendees gathering useful

information from the nu-

merous

presenta-

tions.

Relevant

topics

such as

evidence-based prosecu-

tion, records retention,

Missouri DWI pro-

cessing, and the Sunshine

Law provided the

useful, up-to-date

information

MACA members

have come to

depend on for

ongoing educa-

tion. Networking and

socializing were also part

of the annual two-day

event.

MACA eNews

MACA ENEWS FALL 2014

Profile: Macon’s

Robin Ausmus 2

Rewrite of Criminal

Code Draws Attention 3

Domestic Violence

Surcharge 3

New Website...Log

on now and try it! 3

Newest CCA’s—

Congratulations! 5

President Chapple’s

Message 7

MACA’s New Publica-

tion... MACA eNews! 7

INSIDE THIS ISSUE:

Hello, Court Clerks & Administrators -

Welcome to MACA eNews, your monthly snapshot of the latest association news and information to enjoy, share, and use!

sponsored by...

“I’m glad when I’m able to at-

tend...I pick up some very useful

information, and I also enjoyed

seeing some close friends.”

-Kimberly Castillo

Springfield Municipal Court

Frank Vatterott, attorney opposing $3 surcharge.

municipal court fee.

Page 2: MACA ENEWS FALL 2014 MACA eNews sponsored by...MACA ENEWS PAGE3sistance Unit to have the surcharge amount updated. struction, maintenance, and opera-Also, for all municipal courts,

FALL 2014 P AGE 2

involved lots of accounting) was not

for her. Thus began Macon Munici-

pal Court career. With two part-

time clerks, weekly meetings with

her municipal judge, and

never-ending collections,

Robin has found her busy

workload a little easier

with the lifelong friend-

ships and education

MACA has provided.

“One of the best things I

and my staff have done is

to remember to treat peo-

ple as people, to give

them respect and to not

be judgmental,” Robin

said recently. “And it

works. A man I once

helped comes into our

office once a month to

say how much he appre-

ciates how he was treat-

ed.”

Robin’s hobbies include

renovating her 1890

home (inside and out),

summer cycling the Katy

Trail, and she is a long-

time Mizzou football

ticket holder who has been accused

of literally bleeding black and gold

- GO TIGERS!

If you’ve

ever won-

dered what

it’s like to be

a court clerk

and then a

court admin-

istrator for

over 25

years, maybe

Robin Aus-

mus would

be a good role model. Macon Mu-

nicipal Court has been her focus

these many years and being a mem-

ber of MACA (and past president)

has helped her provide better ser-

vices to the public. She recently

completed Mineral Area College’s

Advance Certified Court Adminis-

trator Certification and she com-

mented, “It makes it easier to go

into a room knowing you have

something relevant to talk about.”

Robin grew up in Iowa and, later, in

Macon where her father was Post-

master. After completing her Crim-

inal Justice degree at CMU, Robin

realized one of her

first jobs (which

sions had been originally

excluded, in 1996 that

exception was removed.

Then, OSCA issued

guidance to all 575 mu-

nicipal courts to begin

collecting the $3 sur-

charge (even though in

April 2011 OSCA had

recommended to munici-

palities not to collect the

surcharge). The above

referenced suit was filed

shortly thereafter.

(Continued from page 1) Recent audit studies demonstrate an

annual $1.5 million shortfall in the

Sheriffs’ Retirement

Fund to satisfy bene-

fits promised.

Perhaps understanda-

bly, many mayors,

councilmen, munici-

pal judges and court

administrators have a

shared question –

why should munici-

pal courts be collect-

ing retirement funds

for county employees

who have never per-

formed any services

for a municipal court? [It is worth

noting this opposition to the sur-

charge is not driven by lack of re-

spect for county law enforcement]

Supporters of the surcharge point to

statutory changes in 1996 which

eliminated the assessment collection

exception for juvenile and munici-

pal courts. Still, many municipal

jurisdictions have chosen to forego

collecting the surcharge until the

matter is settled by the courts.

So, sit tight…MACA eNews will

let you know of any further devel-

opments.

Profile: City of Macon’s Robin Ausmus

$3 Surcharge (continued)

Missouri Court of Appeals

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MACA ENEWS P AGE 3

sistance Unit to have the surcharge

amount updated.

Also, for all municipal courts, any

overpayments not exceeding $5.00

may be paid to the municipality for

the operation of the municipal

court.

Specific legislation passed authoriz-

es municipalities in the 31st Circuit

only to assess a surcharge of up to

$10to pay costs associated with the

land assemblage and purchase, con-

struction, maintenance, and opera-

tion of any municipal judicial facili-

ty. The City of Florissant and the

Kansas City mu-

nicipal court were

also authorized to

collect a surcharge

of up to $10 for

similar purposes.

If you missed it, here are the key

2014 legislative enactments affect-

ing municipal court costs…

For all municipal courts, the Do-

mestic Violence Surcharge was

increased from $2 to $4 upon au-

thorization by the municipality’s

governing body. JIS courts should

provide a copy of the ordinance or

order to the OSCA Accounting As-

For municipal court clerks and adminis-

trators wanting to understand the

new changes to the state’s criminal

code, no fear – the new laws do not

take full effect until January 2017,

so there is plenty of time to master

changes that might find their way to

your office.

The need for the revisions were

clear to Rep. Stanley Cox, stating,

“The goal in updating

the Criminal Code was to make it

more cohesive and easier to under-

stand, plus make penalties more con-

sistent and just.”

These revisions are the first

significant changes to Mis-

souri’s criminal code in near-

ly 35 years. Indeed, the

scope of change was wide

enough to cause concern to

many of the parties involved

in the final product. And

what are those changes?

The rewrite is centered on

the creation of new classes

Domestic Violence Surcharge Increase Allowed

Criminal Code Rewrite Draws Attention

of felonies and misdemeanors. Crimes

are restructured within a new penalty

framework. Additionally, all crime

categories would be subject to higher

fines.

Two specific changes have received

particular attention. First, some first-

time criminals convicted of possessing

less than 10 grams of marijuana will

avoid prison sentences. Second, those

convicted of sexually abuse of family

face longer incarceration.

New Website! Try It Now...macaonline.net Next time you are stumped by a

question about your office, consid-

er using bulletin board on

MACA’s much improved website

(it replaces the message board).

Tab Armstrong (New Haven Mu-

nicipal Court), who has overseen

the improvements, said, “The new

bulletin board is easy to navigate

and should help MACA

members get useful an-

swers to any office-related

questions they might

have.”

The first change visitors

will notice is the new head-

er. But behind that attrac-

tive new header is some-

thing more important…a

new website that has total

autonomy and flexibility.

Tab said, “We’ll be able to make

any needed changes ourselves, and

post any new item immediately.”

She gave the example of being

able to post new legislation on the

website quickly and easily.

Next, you’ll notice social media

buttons for Twitter, Facebook, and

LinkedIn. Networking for MACA

members has never been

easier. Also, the sidebar of

pages has moved from the

left side of the screen to the

right sight. And pages

have been added for MSU

and Calendar (by Google).

Tab noted, “The calendar

can be synced with your

smartphone, tablet and

desktop.”

MACA appreciates the

many years of service

provided by Michael Wehrenberg

of Wehrenberg Design Company

who was fabulous to work with

and provided phenomenal service.

While not all the final touches are

in place, they will be within days

of you receiving this newsletter.

And that’s fine with MACA’s

website author – Tab is relieved

nearly two years of effort is com-

ing to an end. She has high praise

for the new designer, Tony

Carosella of fineartamerica.com

and, she added, “The main thing is

MACA members will find the new

website very easy to navigate and

an even better resource than ever.”

Contact Tab Armstong at

[email protected] if you need

anything added to the website, or

have suggestions. Thanks, Tab! Tab Armstrong (New Ha-ven Court Administrator)

Rep. Stanley Cox

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FALL 2014 P AGE 4

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MACA ENEWS P AGE 5

The Program

Certified Court Administrator (CCA) - This recognized certification program was developed and implemented by the

Missouri Association for Court Administration (MACA), in conjunction with the Missouri State University’s Manage-

ment Development Institute. The program’s focus is on promoting a better understanding of clerk’s and administra-

tor’s official duties, obligations and responsibilities, and improving record keeping methods and procedures. For more

information, please contact Jeanette Chastain at 816.532.0500 or [email protected].

And the New Recipients Are…

The MACA Board and MACA members congratulate the following CCA recipients on their dedication and accomplish-

ment!

Congratulations to October 2014 CCA Recipients!

Shawna Light

City of Lebanon Municipal

Amber Moore

Randolph Municipal Court

Brandy Pierson

City of Montgomery Municipal Court

Penny Sorenson

Gladstone Municipal Court

Misty Suddarth

City of O’Fallon Municipal Court

Natalie Tann

North Kansas City Court

Lucy Vatterott

City of Des Peres Municipal Court

Kim Whipple-Townsend

City of Lebanon Municipal Court

Dorothy Urlicks

City of Osage Beach Municipal

Page 6: MACA ENEWS FALL 2014 MACA eNews sponsored by...MACA ENEWS PAGE3sistance Unit to have the surcharge amount updated. struction, maintenance, and opera-Also, for all municipal courts,

MACA ALERT!

All Forms and Applications previously printed

in the MACA Reporter are now to be found on

(and easily downloaded from) the association’s

website...macaonline.net

V OLUME 1 , ISSUE 1 P AGE 6

How do we do life? Instantly.

Google, Facebook, the Internet and

thousands of countless apps have

put the world at our fingertips at

warp speed. Cell phones have be-

come hand-held computers where

shopping, sending an email and

taking care of

business re-

quire little ef-

fort. Waiting

just isn’t in our

vocabulary.

Waiting in line

may become as

outdated as

having a real

conversation.

The face of the

world is changing and many Mis-

souri municipal courts are changing

the way they do business.

Remember when everyone came to

court and stood in line to pay their

fines? The Internet has provided an

alternative to coming to court.

Many Missouri municipal courts are

experiencing the benefit of offering

online payments to their defendants.

“I remember when Columbia was

our only court client in Missouri,”

commented TrafficPayment Presi-

dent Matt Withrow. “That was

back in 2008 and now we serve

more than 40 courts throughout the

state.” Accord-

ing to Traf-

ficPayment’s

statistics, every

year courts

continue to see

an increase in

their online

payments from

10% - 30%

from the previ-

ous year.

Lee’s Summit Court Administrator,

Kelly Elliott, stated

“TrafficPayment has been an excel-

lent service for our court, we had

another service that defendants did-

n’t use very much but now we have

about three times as many users

with TrafficPayment. We are also

able to take more payment types

such as warrants, restitutions, pay-

ment plans and probation fees. Rec-

onciliation has been so easy with

TrafficPayment since our deposit

matches the payments exactly every

week. Promoting the service is a

breeze because they provide us with

all the supplies. Switching to Traf-

ficPayment was a great move for

our court. I highly recommend their

service to courts and prosecutors.”

When technology makes life easier

for the courts and the defendant it

just makes sense to offer it. But,

when it comes down to choosing a

company to provide services there

are important things to know before

making a decision. Next quarter we

will explore what to look for when

choosing an online payment service

for your court.

To learn more about TrafficPay-

ment, contact Leigh Sides at 800-

444-1187 ext. 1125 or

[email protected].

Convenience Works for Municipal Courts

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FALL 2014 P AGE 7

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The mission of the Missouri Association for Court Administration (MACA) is to en-

hance the public's trust and confidence in the Courts through developing and promoting

the professionalism of Court Administrators, and other court officials with similar du-

ties, by offering quality professional development conferences, seminars, consultation

and networking.

P.O. Box 22

Jefferson City, MO 65102

MACA eNews

emailed quarterly, and

will be accessible on your

laptops, smartphones, and

tablets (and looks pretty

smart if you have a color

printer). MACA mem-

bers are encouraged to

make suggestions and

share any ideas with the

Eric at

([email protected]

or 573.291.9995).

After many years of

faithful and dependa-

ble production, the

MACA Reporter is

being overhauled. In

addition to providing

the traditional em-

phasis on association

events, budgets,

CCA developments,

etc., the new en-

hanced quarterly publica-

tion, MACA eNews, will

increase focus on MACA

members themselves and

will publish the most up-

to-date stories trending in

court administration. The

editor, Eric Peters of

eSummarize.com, said,

“MACA eNews will

bring original content and

helpful context to news

and information.”

MACA eNews will be

But before we say fare-

well to the MACA Re-

porter, a VERY BIG

THANK YOU to Dana

Hamilton (Marceline

Municipal Court) for

her many years of dedica-

tion as indispensable con-

duit for MACA events

and news.

MACA’s New Publication: MACA eNews

Phone: 573.291.9995

Fax: 573.634.8257

Email: [email protected]

MACA Members this is an exciting time as we change the organization

into the world of technology. I am happy to see the new website and

the new newsletter. I think these are great strides into giving you the

members the organization of today. Please give us feedback positive

and negative so we can provide you the best organization we can.

As I move into my last few months as President I must reflect. These

are some unique times in our courts today. In my 10+ years of Court experience

these are the most interesting being on this side of the state. I know there are lots of

discussions of changes and I don’t feel we need widespread changes. Through edu-

cation and trainings I know the operations of today will be the operations of tomor-

row. I am sure there will be plenty of proposed legislation and 2015 will be a defi-

nite active year. This is where these new formats are benefits to the organization as

a whole to commit to open communications.

Lastly I would like to wish you all a Merry Christmas and a safe and Happy New

Year. -Jeff Chapple

Message from President Jeff Chapple

MACA REPORTER becomes

MACA eNews

MACA’s 2015

Budget is available

at macaonline.net

SU M T W T FR SA

18 19 20 21 22 23

May 2015

MACA’s 2015 Annual Conference

Mark Your Calendar Now!