After the Missouri Supreme Court stopped Missouri’s Sheriff’s Retirement System (MSRS) from receiving a $3 court fee last year, a Senate bill seeks to replace the funds with $50 charges for evictions.
In the opinion supporting the 6-0 ruling on June 1, 2021, Judge Zel M. Fischer wrote there’s a “bright-line rule that court costs used to enhance compensation paid to executive officials are not ‘reasonably related to the expense of the administration of justice’ and, therefore, violate” the constitution.
The MSRS annual report showed total assets of $52 million in 2020. A class-action settlement agreement was reached last October between MSRS and attorneys for those who paid the court fee and successfully argued the case before the Missouri Supreme court. People who submit valid claims will receive $4.50 for each $3 surcharge paid, according to the settlement documents.
The settlement agreement states the total amount of money to be paid by MSRS for all elements of the settlement will not exceed $18 million. If the amount of money claimed exceeds the amount available for distribution after all costs associated with the administration and legal fees, the remaining amount will be distributed equally to claimants.
Currently, sheriffs in Missouri receive up to $50 for service of “any summons, writ, or other order of the court in connection with any eviction proceeding, in addition to the charge for such service that each sheriff receives….”
SB1054, sponsored by Sen. Mike Bernskoetter, R-Jefferson City, will take the $50 per eviction and designate it for a newly created “Sheriff’s Retirement Treasury Fund.” It requires the eviction fee to be paid to the county treasurer, who will send the funds to the state treasurer for deposit into the new retirement fund.
The bill also states money in the fund “shall only be disbursed to the sheriff’s retirement fund” and for the sole use of the sheriff’s retirement system and no other purpose. The bill had its first reading on Jan. 12 and wasn’t assigned to a committee.
