Missouri Supreme Court takes over cases in Ferguson; judge resigns

FERGUSON • The Missouri Supreme Court announced Monday that it will take the "extraordinary action" of reassigning all Ferguson municipal court cases to the circuit court, starting next week.

In a press release, the court announced the move was intended "to help restore public trust and confidence in the Ferguson municipal court division."

Ferguson municipal judge Ronald J. Brockmeyer also resigned his position this afternoon, a spokesman at his law office said. He will continue his other municipal court positions as prosecutor in Dellwood, Vinita Park and Florissant, and judge in Breckenridge Hills.

In a press release, Brockmeyer said he "recognizes that deference to a municipal judge's judgments and court rulings depends upon public confidence." He said the Department of Justice report — which delivered a scathing critique of Ferguson's court practices last week — and media reports , "regardless of their accuracy or validity have diminished the public's confidence in the Ferguson municipal court."

He said his resignation was intended to help restore public confidence and to "help Ferguson begin its healing process."

Brockmeyer was criticized in the DOJ report for acting as a revenue-generator for the court and the city, helping to bring in millions through "creative" use of fines and fees, while dismissing tickets for himself and friends. The report also rapped him for instilling fear in traffic defendants, even jailing one man for 10 days because the man refused to answer questions in court.

The DOJ report also revealed a series of racist emails that were sent by court and police officials, and portrayed a police department and court that discriminated against African-Americans at all levels — from the initial traffic stop to how they were treated in court. Last week, Court Clerk Mary Twitty was fired and Police Capt. Rick Henke and Sgt. William Mudd resigned over the emails.

Brockmeyer's statement, released by an associate at his private law firm, distances the judge from police and court abuses detailed in the report. It noted that Brockmeyer's part-time position only required him to be in court once a week, compared to the court clerk, whose role was cited in the DOJ report as "the most significant role."

Brockmeyer was paid about $20,000 for serving as Ferguson judge. He and his wife have federal tax liens of about $170,000 filed against their property in St. Charles County.

Judge Roy L. Richter of the Missouri Court of Appeals, Eastern District, will take over the Ferguson court's case load. The transfer of cases will continue "until further order" of the supreme court, according to the court's press release.

The order, allowed under the state constitution, also authorizes Richter to implement reforms to Ferguson's court policies and procedures. The press release says it was done "to ensure that the rights of defendants are respected and to help restore the integrity of the system.

“Judge Richter will bring a fresh, disinterested perspective to this court’s practices and he is able and willing to implement needed reforms,” Chief Justice Mary R. Russell said in the release.

Russell has said staff from the state courts administrator’s office will also review Ferguson municipal court practices and assist Richter in making any changes.

“Extraordinary action is warranted in Ferguson, but the Court also is examining reforms that are needed on a statewide basis,” Russell said in the release.

Russell declined an interview through a court spokeswoman.

Richter said in an email that "Lawyers in general, and judges in particular, want the judicial system to operate fairly for all those who deal with the Courts. If that hasn't been the case in Ferguson or anywhere else in Missouri, that needs to change - and that's important."

The judge said he and the State Court Administrator will be visiting Ferguson soon to assess the situation. He said he's interested in the idea of adopting a wider scope of "standard" fines that would be used in Ferguson and elsewhere, and also in making the court more accessible to the public.

"If something is a routine violation and the offender wants to pay the fine without appearing in court, that makes sense to me," he said.

Gov. Jay Nixon called the supreme court's actions "strong and appropriate" and said he will continue to work with it and the legislature to make sure municipal courts "operate in the fair, transparent and accountable manner Missourians expect and deserve.”

House Minority Leader Jake Hummel, D-St. Louis, and State Rep. Brandon Ellington, D-Kansas City, also released a statement Monday on behalf of The Missouri Legislative Black Caucus praising the move.

“We strongly support the Supreme Court’s decision to take control of the Ferguson Municipal Court. Public trust in the system is impossible when constitutional rights are commonly violated and justice is rare," the statement read. "The problems with the Ferguson municipal court’s operations are too disturbing to be allowed to continue, and we appreciate the Supreme Court’s swift and appropriate action to begin restoring integrity to the city’s system of justice.”

The Missouri Supreme Court also continues to review recommendations for further changes to Rule 37, which governs the procedure of cases in all municipal court divisions, according to the court's press release.

In December, the court clarified the language of Rule 37 to make it clear that if a person demonstrates an inability to pay a fine, they must be given more time to pay — not be thrown in jail or forced to pay all at once.

The court also will be developing “best practices” for issues not addressed by "the one-size-fits-all approach of rulemaking and regulation" the release said.

“More than two-thirds of all Missouri court cases are filed in the municipal divisions,” Russell said. “Though these are not courts of record, they are the first – and sometimes the only – impression Missourians have of their court system. Although we recognize the local control our statutes give these uniquely local entities, we must not sacrifice individual rights and society’s collective commitment to justice.”

http://www.stltoday.com/news/local/crime-and-courts/missouri-supreme-court-takes-over-cases-in-ferguson-judge-resigns/article_7442c873-a1a1-581f-b4b4-20f93972d91e.html

good at least it's a start. hopefully the whole system will be overhauled. the mayor and police chief need to resign as well. it happened on their watch.

Missouri is a southern state, bordered by Oklahoma, Arkansas and Tennessee.  Ferguson was running a corruption racket with its city court system, what with escalating and compounding arrests, so that had to be cleaned up.  

Don't expect much more. They may view corruption with disfavor, but not racism.