Missouri Voters Oppose Amendment Allowing Court Fees for Law Enforcement Funding

Missouri voters have decisively chosen to reject Amendment 6, raising questions about the future of law enforcement pensions.

At a Glance

Amendment 6 proposed a $3 court fee for law enforcement pensions.
61% of voters rejected the amendment.
The Missouri Supreme Court previously deemed the fee unconstitutional.
Concerns over “policing for profit” influenced the decision.

Voter Rejection of Amendment 6

Missouri voters rejected Amendment 6, which sought to impose a $3 court fee to support the Missouri Sheriffs’ Retirement System. The measure was rejected by a significant 61% of voters, reflecting broad public opposition. The amendment’s defeat follows a 2021 Missouri Supreme Court decision that deemed the court fee unconstitutional. This ruling was based on Article I, Section 14, ensuring open access to justice without unreasonable charges.

The amendment, initially passed as a joint resolution, proposed a $3 fee per case with a guilty verdict or plea, intended for sheriffs’ benefits, and a $4 fee for prosecutors. The cessation of this fee collection resulted in a $9 million loss for the sheriffs’ retirement system. While the proposal aimed to address funding concerns, voters ultimately dismissed the idea, citing broader implications for justice and governance.

Amendment 6, which would increase law enforcement funding, has failed in Missouri. https://t.co/snKpn6g9sR pic.twitter.com/dpC9aDg6RL

— FOX4 News Kansas City (@fox4kc) November 6, 2024

Constitutionality and Controversy

The Missouri Supreme Court’s previous ruling against the $3 fee, citing it as unconstitutional, set a precedent against linking revenue from enforcement activities to law enforcement benefits. Such schemes conflict with the principle of justice and could introduce perverse incentives that compromise public safety. Arguments against the amendment highlighted similar cases, including a DOJ investigation that previously exposed revenue-focused practices within the Ferguson Police Department.

Critics of the amendment emphasized potential increases in ticketing as a mechanism to fund law enforcement salaries and pensions. Executive Director of the National Police Accountability Project Lauren Bonds voiced concerns about “policing for profit,” warning of a system that encourages enforcement actions for financial benefit rather than public safety.

What Now?

Some are concerned that the rejection of the measure could have negative consequences. Jefferson County Sheriff Dave Marshak believes the Sheriff’s Retirement System will go bankrupt within the decade if action is not taken. “It’s important that we have qualified sheriffs and prosecutors in the state of Missouri that step forward and want to do the job, and I think these benefits are a critical part of that,” Marshak said.

Governor Mike Parson’s administration proposed a temporary $5 million appropriation to support pension contributions. This is one step taken while legislators seek more substantial, long-term solutions. The focus now shifts to prioritizing the development of sustainable, legislative methods for funding law enforcement pensions, ensuring that the system remains financially secure without compromising justice.