maca enews fall 2014 maca enews sponsored by€¦ · professional development donna tharp/warson...
TRANSCRIPT
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.
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
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
FALL 2014 P AGE 4
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
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
Convenience Works for Municipal Courts
FALL 2014 P AGE 7
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
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!