Circuit judge distribution uneven across state

The wheels of justice grind slowly – but the speed can depend on the county.

A 2007 Missouri judicial weighted workload study, conducted by the National Center for State Courts, identified three circuit courts in the state in desperate need of more than five full-time equivalent judge positions and 20 circuits in need of one to five full-time equivalent judges.

The first study of its kind in Missouri, in March 2007, more than 99 percent of Missouri’s circuit judges, associate circuit judges and commissioners logged their time every minute of every workday for four weeks. The results led to the development of the Judicial Partnership Program, pairing circuits with more resources with those who need additional help.

However, the partnership is only a temporary fix on a larger problem according to Sen. Bob Dixon, R-Springfield, who sponsored Senate bills 21 and 22 calling for changes in the distribution of the states judges.

“If we continue as we have, we are going to violate the constitutional principle of due process because somebody can’t have their day in court,” he said. “Justice delayed is justice denied.”

Operating with 16 judges and commissioners, the 31st Circuit Court in Greene County needs an additional seven positions to handle its caseload, according to the study, and neighbors to the south, the 38th Circuit Court in Christian and Taney counties, require an additional four positions. Around the Ozarks, most circuits are short by at least one or more positions, except the 44th Circuit in Wright, Douglas and Ozark counties, which has an additional judicial resource available for transfer.

Partnership plan
“Population figures and numbers of cases filed provide only a glimpse of the bigger picture because cases vary in the level of complexity and amount of judicial time and attention needed to be resolved successfully,” the study reads. “Just counting cases filed means that a 15-minute hearing involving a traffic ticket and a two-week murder trial each counts as one case, but each obviously has a much different impact on judicial time, both in preparation and in the courtroom.”

“Missouri has four circuits that utilize partnerships, including the 31st and Greene County, the 11th, 21st and 16th circuits,” said Catherine Zacharias, legal counsel with the Missouri Office of the State Courts Administrator. “Judges from the less-worked circuits travel to other circuits to hear cases and help relieve some of the workload.”

Greene County Circuit Clerk Steve Helms said the 31st has utilized a partner judge four days a week in the Division 25 courtroom to handle associate civil and small claims cases since April 2009.

“Through the judicial partnership program and our diligence, we have been able to decrease the case backlog in some areas,” he said, adding a judge who works in Division 25 will hear or see about 350 cases in four days. “For example, in family court, cases used to be 13 or 14 months out, but we’ve gotten it down to less than a year.”

In Christian County, Circuit Clerk Barb Barnett-Stillings said the county’s three judges handle an ever-increasing caseload.

“There are so many cases waiting right now, I know we could take on at least three more judges,” she said, adding caseload varies by judge from 60 to 150 a day on average. “Some of our judges are working on the weekends just to try and get caught up.”

A two-county circuit, the 38th includes two associate judges in Taney County, but Barnett-Stillings said Christian County cases aren’t shifted south because Taney already has its hand full with its own caseload.

Zacharias said partner judges from the eighth, 15th, 37th, 42nd and 44th circuits travel from as far away as north central Missouri, near Kansas City, to assist Greene County. Helm said the help is appreciated, but he would ultimatly prefer a permanent judge.

“They do fine work, so there is no complaint there, but I think we could all agree a permanent judge would be a better solution,” he said. “What could we do with the money it takes them to drive down here and rent a hotel room for four days? The visiting elected judges also have to handle complaints from within their circuits. Voters want to know why a judge was elected to help their county but is traveling off to help others.”

Paid by the state, Helm said typical travel expenses run about $460 for the visiting judge each week, including a three-night hotel stay, meals and mileage.

Legislative solution
With 45 circuits in Missouri, each court has a number of associate judges based on the population of individual counties within the circuit, determined by state statutes.

“In counties having a population of 100,000 or more, there shall be three associate circuit judges and one additional circuit associate judge for each additional 100,000 inhabitants,” according to Revised Missouri Statute 478.320.

Currently, the General Assembly is responsible for drawing judicial circuit boundaries, determining where judicial positions are needed and authorizing judicial positions in specific circuits. Redistricting of legislative districts occurs every decade nationwide, to account for population shifts. In contrast, the General Assembly hasn’t redrawn Missouri’s judicial circuits statewide since 1959.

“The traveling judges program is a good idea, but having judges travel from northern Missouri to Greene County is not a proper use or wise use of our resources,” Dixon said of the current system.

He said his proposed bills – SB 21 and 22 – would create a permanent fix for the problem. “SB 21 is an attempt to adequately distribute the finite judicial resources we have in a more equitable way,” Dixon said of the bill, which would allow the Supreme Court to transfer a judicial position when a vacancy occurs. “This bill addresses the immediate need we have in the state without becoming political.

“Legislators don’t want to vote to lose a judge in their circuit, but through this bill, the Missouri Supreme Court could transfer based on need according to the weighted workload study.”

Under the proposal, the Supreme Court would not be able to alter the existing total number of circuit and associate circuit judge positions, only transfer positions after an occurance such as a death.

SB 22 is Dixon’s answer to the long-term need in Missouri. The act would allow for the redrawing of the circuit and appellate districts every 20 years by the Missouri Supreme Court as the administration of justice requires. The Supreme Court must follow certain criteria when redrawing the judicial boundaries, and cannot alter the existing number of circuit and appellate districts, according to the bill’s language.

“The judges need to go where there is a convergence of people,” Dixon said, adding the Supreme Court would still need legislative approval to create any new judicial positions. “This task could also be delegated to the Missouri Judicial Conference, the yearly meeting of every judge in the state.”

If approved, the current circuit and appellate boundaries would remain in law through Dec. 31, 2014, and the Supreme Court would redraw the judicial boundaries beginning in 2015.

Dixon said companion bills in the House – 374 and 373 – are currently in committee and he’s optimistic the measures would be approved before the legislative session ends May 17.

“It’s crunch time; there is no doubt about that, but I’m hopeful,” he said. “There are many bills to get through the process in the final days of any session, but I think we all agree equal access to justice is a big issue.”