Boone County sheriff tries to clear up Amendment 6; will help fund sheriffs’ and prosecutors’ retirement systems
COLUMBIA, Mo. (KMIZ)
Missouri voters will decide in November whether to reinstate a $3 court fee to help fund retirement benefits for county sheriffs and prosecutors.
The official ballot language states, "Shall the Missouri Constitution be amended to provide that the administration of justice shall include the levying of costs and fees to support salaries and benefits for certain current and former law enforcement personnel?"
Boone County Sheriff Dwayne Carey said in a news release Tuesday the ballot language is vague, leaving voters with more questions.
"Amendment 6 would correct a recent decision of the Missouri Supreme Court that overturned a $3 court fee that has been in place since 1983," Carey wrote in the release.
He explained the state legislature first established the Missouri Sheriff's Retirement fund almost 40 years ago, which included a charge of $3 for criminal offenders. However, that fee was deemed unconstitutional in 2021.
Carey wrote it was not decided the fee itself was unconstitutional, but instead that retired sheriffs were benefitting from the fee. The language for the fee said it was "reasonably related to the expense of the administration of justice," and the Supreme Court ruled retired sheriffs weren't administrators of justice in retirement, according to Carey's release.
He said the legislative solution is now to define retirement as a benefit that assists with the administration of justice.
"As with any position a part of ensuring that good, qualified people run for Sheriff is the total compensation earned in the position and that certainly includes retirement benefits in most people's minds," Carey wrote.
He says the full ballot language he would have preferred states, "In order to ensure that all Missourians have access to the courts of justice as guaranteed by this Constitution, the administration of justice shall include the levying of costs and fees to support salaries and benefits for sheriffs, former sheriffs, prosecuting attorneys, former prosecuting attorneys, circuit attorneys and former circuit attorneys."
Carey, a retirement board member, said that while sheriffs and prosecutors contribute to their respective retirement systems, there are not enough to fund them.
"With no funding, the sheriffs' and prosecutors' retirement systems will be defunct in nine years and 15 years respectively," Carey wrote.
He said misconceptions about this amendment are that it is new, will target the poor and will lead to more arrests and prosecutions to generate revenue. However, he said offenders must be found or plead guilty before being subjected to paying the fee, and a judge can waive the fee if they believe it will create an added hardship for the offender.
Carey was not immediately available for comment Wednesday.
ABC 17 News has contacted local public defenders and the Missouri Bar for comment but has not yet heard back. The Missouri Association of Criminal Defense Lawyers said its organization does not have a stance on the issue.
Check back for updates.
