Author Archives: wthornburg

Court of Appeals strikes down ordinance establishing new police standards

January 23, 2017

A recent Eastern District of Missouri Court of Appeals ruling struck down an ordinance establishing new police standards in St. Louis County.

St. Louis County had enacted an ordinance authorizing the County Executive to impose countywide minimum police standards.  However, the cities affected by that ordinance filed a petition to have it invalidated. 

The trial court had ruled that the county had no authority to enact the ordinance.  The Court of Appeals affirmed. 

The reasoning was as follows: The Missouri Constitution provides that certain exercises of legislative authority be subject to a county-wide vote. At the same time, the state’s constitution also allows a county charter to authorize any action permitted by statute, including public health standards.  The Court says standards of police conduct fall within public safety and not public health as public health is limited to preventing disease.  Furthermore, the Court held that the county’s authority to legislate police conduct standards does not depend on the proposition that low standards harm residents. 

The Court said: “The County’s reliance on information presented to the County Council as to the impact of this ordinance on public health does not aid its argument for how this was a valid exercise of authority under Section 192.300.  The positive impact that improved law enforcement may have on the public – including the extent to which it improves the community’s physical and mental well-being – is simply not what was meant by “enhance public health” in Section 192.300.  To hold otherwise would be to broaden the scope of authority beyond what the legislature intended by granting counties the power to make “additional health rules” in Section 192.300.  Thus, this Ordinance was not a valid exercise of the County’s authority conferred by that statute.”

City of Florissant has been sued in Federal Court

January 10, 2017

The City of Florissant has been sued  in Federal Court in a class action lawsuit on October 31, 2016 alleging a de facto debtor’s prison system. ArchCity Defenders, a non-profit organization providing civil representation and legal counsel, joined with a Washington DC firm are representing the Plaintiffs. The lawsuit alleges Constitutional violations under the 14th Amendment’s equal protection and due process clause and the 6th Amendment’s right to counsel and the right to a hearing to determine a person’s inability to pay.

Allegations include “thousands [were] denied their civil rights while Florissant made $14 million. The lawsuit filed in the U.S. District Court for the Eastern District of Missouri, Eastern Division seeks injunctive, declaratory and compensatory relief for the plaintiffs and thousands of class members.  The allegations continue indicating that City officials used municipal codes and petty justifications such as unpaid parking tickets to target residents and jail them.

Conditions are deplorable with inmates often kept in the same clothing for days or weeks. Women are denied menstruation products. Food quality is poor causing many detainees to be undernourished.  In 2015, Florissant collected $2.3 mill in court fines and issued 28,000 arrest warrants. Warrants can be issued for those who are unable to pay fines or miss court dates. If picked up on an arrest warrant, individuals can stay in jail until they pay a “bond.” Florissant is a suburb in North St. Louis County.The City of Florissant has been sued  in Federal Court in a class action lawsuit on October 31, 2016 alleging a de facto debtor’s prison system.

ArchCity Defenders, a non-profit organization providing civil representation and legal counsel, joined with a Washington DC firm are representing the Plaintiffs. The lawsuit alleges Constitutional violations under the 14th Amendment’s equal protection and due process clause and the 6th Amendment’s right to counsel and the right to a hearing to determine a person’s inability to pay. Allegations include “thousands [were] denied their civil rights while Florissant made $14 million.

The lawsuit filed in the U.S. District Court for the Eastern District of Missouri, Eastern Division seeks injunctive, declaratory and compensatory relief for the plaintiffs and thousands of class members.  The allegations continue indicating that City officials used municipal codes and petty justifications such as unpaid parking tickets to target residents and jail them. Conditions are deplorable with inmates often kept in the same clothing for days or weeks. Women are denied menstruation products. Food quality is poor causing many detainees to be undernourished.  In 2015, Florissant collected $2.3 mill in court fines and issued 28,000 arrest warrants. Warrants can be issued for those who are unable to pay fines or miss court dates. If picked up on an arrest warrant, individuals can stay in jail until they pay a “bond.” Florissant is a suburb in North St. Louis County.

Court explains annual DWI breath tester calibration requirement

January 9, 2017

The Missouri Court of Appeals, Southern District handed down an opinion that better explains the calibration of breath testing devices used in DWI cases. The court ruled that the annual certification of the device, which regulations state it be done “annually,” must be taken literally. Annually means within 365 days. The Court went on to say that the purpose of the annual test is to make sure that the BAC tester is accurate when used. The case is MICHAEL RAY SLEDD, Petitioner-Respondent, v. DIRECTOR OF REVENUE, Respondent-Appellant. Missouri Court of Appeals, Southern District – SD34272

Any other explanation such as how close to the use of the tester was the simulator certified, or how close to trial for an alcohol-related offense was the simulator certified is irrelevant. The court said that the circuit court erred when it excluded results of a breath test based on the certification of the stimulator. The case was remanded to admit the test results, then determine their credibility, and issue a new judgment.

Missouri relaxes penalties for 1st time pot possession charges

January 3, 2017

As of January 1st, 2017 the State of Missouri has relaxed penalties regarding possession of marijuana. These apply to charges brought be a state agency. Municipalities, such as Maryland Heights, may or may not have their own rules for enforcement of possession infractions.

For a first time possession of less than 10 grams there is no incarceration. This charge will be classified as a Class D Misdemeanor. The maximum fine associated with a Class D Misdemeanor is $500.00. 10 grams is more than a quarter ounce, but less than half an ounce. This only applies to first time offenders with less than 10 grams.

Previous pleas of guilty to possession of marijuana or possession of 10 – 35 grams will result in the charge being classified as a Class A Misdemeanor. Penalties for a Class A Misdemeanor are up to 1 year in jail and up to $2,000 in fines. Possession of more than 35 grams is a still a felony.

The penalties for possession of paraphernalia remain the same. Further, possession or use of marijuana still results in a suspension of the offender’s driving privileges if the person is under 21 at the time of the charge.

Law enforcement ups efforts to prevent DWIs over holidays

December 27, 2016

Watch out for intoxicated drivers this holiday season.  At least that’s what Missouri Highway Patrol is planning to do.  Law enforcement agencies around the country are expected to step up their efforts to curtail drinking and driving these next couple weeks.

Many law enforcement agencies from across the nation will be participating in an initiative called “Drive Sober or Get Pulled Over.”

According to news reports, the Missouri State Highway Patrol intends to increase the number of officers and checkpoints for the holidays.  Law enforcement officials say the combination of bad weather such as ice and snow plus driving impaired leads to a significant number of accidents.

Many Missouri courts will punish the first time DWI offender with some combination of fines, jail time, probation, community service, victim impact panels, and treatment through DWI courts.  They hope to curtail the number of DWI’s and DWI repeat offenders.   Missouri in 2015 had 870 traffic fatalities of which just under one-fourth of them involved some form of alcohol or drug impairment.

Be sure to have fun and drive safe this holiday season.  Happy Holidays.

MADD lowers grade on efforts by Missouri, Illinois to prevent drunk driving

December 5, 2016

Missouri and Illinois slipped in how Mothers Against Drunk Driving ranked both states’ efforts to prevent drunk driving.

MADD recently released its annual overview ranking each state’s progress in stopping drunken driving. There are five areas to judge and rank each state. They include the following:

1) How sobriety checkpoints are conducted;

2) The degree of punishments for putting children in danger;

3) Whether or not ignition interlocks are required, which is a machine that prevents a car from starting if a driver’s blood-alcohol level exceeds a certain limit;

4) Whether drivers licenses are revoked; and

5) The degree of punishment for refusing a blood-alcohol test.

It was just last year that Missouri and Illinois received the highest rating of five stars. This was the first year that a new half-star ranking was used in order to provide a more nuanced analysis of each category.  This year both Missouri and Illinois dropped a half star to four stars.

Each state slipped because of how it handled license suspensions, with Missouri for its blood-test refusals and Illinois for its punishments related to child endangerment.

Missouri does not have a statewide “no-refusal” law that requires police to obtain a warrant to draw blood from suspected drunk drivers who have refused to take a breath test. There are counties, such as St. Louis County since 2013, that do this on their own.  However, other counties have not chosen to do so.

Missouri does have an implied consent law that mandates that a driver who refuses to be tested will lose their driving privileges for one year.  The number of refusals have been dropping in Missouri.

Some 973 people nationwide were killed nationwide in drunken driving crashes.  These deaths occurred between Thanksgiving and New Year’s Day, amounting to almost 10 percent of all drunk driving accidents. MADD contends that almost a third of traffic deaths on the day before Thanksgiving Day and Christmas involved drunk driving.

 

Class action lawsuit filed against the City of Florissant

November 10, 2016

The City of Florissant has been sued  in Federal Court in a class action lawsuit on October 31, 2016 alleging a de facto debtor’s prison system. ArchCity Defenders, a non-profit organization providing civil representation and legal counsel, joined with a Washington DC firm are representing the Plaintiffs. The lawsuit alleges Constitutional violations under the 14th Amendment’s equal protection and due process clause and the 6th Amendment’s right to counsel and the right to a hearing to determine a person’s inability to pay. Allegations include “thousands [were] denied their civil rights while Florissant made $14 million. The lawsuit filed in the U.S. District Court for the Eastern District of Missouri, Eastern Division seeks injunctive, declaratory and compensatory relief for the plaintiffs and thousands of class members.

The allegations continue indicating that City officials used municipal codes and petty justifications such as unpaid parking tickets to target residents and jail them. Conditions are deplorable with inmates often kept in the same clothing for days or weeks. Women are denied menstruation products. Food quality is poor causing many detainees to be undernourished.

In 2015, Florissant collected $2.3 mill in court fines and issued 28,000 arrest warrants. Warrants can be issued for those who are unable to pay fines or miss court dates. If picked up on an arrest warrant, individuals can stay in jail until they pay a “bond.”

Florissant is a suburb in North St. Louis County. 

St. Louis City offering warrant grace period

October 20, 2016

For the more than 51,000 people who have an outstanding warrant issued by the City of St. Louis, Mayor Francis Slay is providing some relief until October 28, 2016.

The City Municipal Court will lift warrants for non-violent charges for those that come in to the Court or one of the satellite offices. Warrants for Driving While Intoxicated and Leaving the Scene of an Accident will not be lifted without a bond. Warrants issued by the St. Louis City Circuit Court are not eligible under this program.

To find out if you have a warrant you can go to MuniCourt.net. This website is searchable by name, ticket number, court date, license number or violation date. Those who do not take advantage of this grace period and reschedule their court dates will have the warrants reinstated at 12:01 am on October 29, 2016. In order to take advantage of this grace period and reschedule your court date, you will need to appear in person with valid identification.  Locations and hours of operation are as follows:

8am-6pm Weekdays. St. Louis Municipal Court, 1520 Market St.

9am-4pm Tuesday October 25. Community Court at the Carondelet Park Rec Complex, 930 Holly Hills Ave.

9am-4pm Thursday October 27. Community Court at O’Fallon Park Rec Complex, 4343 West Florissant.

Man’s life ruined by Ferguson Court System

August 25, 2016

St. Louis native, Fred Watson, was watching baseball in his legally parked car in August of 2012 after playing basketball in Ferguson. Mr. Watson had frequented this specific park for many years.

Ferguson Police Officer, Eddie Boyd, III, parked his car in front of Watsons. The officer requested Watsons social security number, but as he was doing nothing wrong, Watson declined.  Officer Boyd then pulled his gun, removed Watson from the vehicle and arrested him for Driving without a license, failure to have insurance, failure to register and tinting his windows. Watson had his license, his car was registered in Florida and he had insurance.  Pursuant to Florida law, his windows were not excessively tinted. Watson was taken to jail where he posted a $700.00 bond to be released.

After he complained about the way he was treated, Ferguson added two more charges, including failure to comply with a police officer.

Watson worked for the National Geospatial – Intelligence Agency in St. Louis. This job requires special security clearance. At the time this happened he was undergoing a security clearance review. Watson tried to get the charges dropped on his own, but was forced to hire an attorney. His first attorney was unable to get the charges removed from his record. The goes on for a couple of years so Watson hires a second attorney. At this time, the Prosecuting Attorney indicated that all the charges had been amended down to illegal parking and/or littering and all the fines had been paid.

She was wrong. The failure to comply charges were still showing in some court records. Watson was fired because he couldn’t keep his security clearance without clearing up the charges in Ferguson.

His second attorney continued to try to clear his name. In March 2015, his letter criticizing the Ferguson Municipal Court was not responded. Prosecuting Attorney for Ferguson, Stephanie Karr resigned in May of 2016.

Now Watson is on his third set of attorneys, Arch City Defenders. This non-profit law firm has filed a Motion to withdraw the guilty pleas Watson never entered and to declare the convictions void.

Jennings to pay millions for jailing people for court debts

July 29, 2016

The City of Jennings, Mo., will pay $4.7 million for jailing some 2,000 mostly poor, black residents for unpaid court debts.  Many of the individuals had been charged with traffic violations.

The agreement with the small municipal in North St. Louis County is part of a class-action lawsuit preliminarily approved by a Missouri federal judge.

The deal with Jennings, if approved, would be the largest settlement with a  U.S. municipal to resolve incarceration practices based on unpaid fines and court costs.

The lawsuit was brought by ArchCity Defenders of St. Louis, which represented eight lead plaintiffs.  Lawyers from the Saint Louis University School of Law and Washington-based Equal Justice Under Law also collaborated.  Attorneys have argued that jailing people who are in poverty and who cannot afford to pay fines and fees is unconstitutional.

 The City of Jennings, population 14,700, is represented by attorney D. Keith Henson.  The settlement also includes another $1 million or more in debt forgiveness for those detained for nonpayment  between the dates of Feb. 8, 20110 and Sept. 16, 2015.  The settlement is still pending final approval. A hearing date is set for Dec. 14 before U.S. District Judge Carol E. Jackson of the Eastern District of Missouri.

The lawsuit was prompted by criticism in the aftermath of the shooting death of Michael Brown in Ferguson. Critics have argued that cities have been placing a disproportionate amount of costs of their criminal justice system on financially strapped black residents.  Ferguson has already adopted reforms but has not settled its case.  Ferguson is represented by attorney Robert T. Plunkert with Pitzer Snodgrass.  A trial is set for July 2017. 

Ferguson has already adopted reforms such as abolishing the criminal offense of “failure to appear” and fines related to it, capping court revenue at 15 percent of the city budget, withdrawing 10,000 warrants issued before 2015, and eliminating fees to tow vehicles and revoke warrants.