JEFFERSON CITY, Mo. (KY3) – Voters in Missouri will decide on Amendment 6, which would make supporting salaries and benefits for certain law enforcement personnel an official part of the state’s administration of justice.

The amendment would add the following paragraph to Section 14 of the Missouri Constitution:

“To ensure that all Missourians have access to the courts as guaranteed by this Constitution, the administration of justice includes the collection of costs and fees to cover salaries and benefits for sheriffs, former sheriffs, prosecutors and former prosecutors.”, prosecutors and former Prosecutors.”

Amendment 6 established that the collection of costs and fees to assist current and former sheriffs and prosecutors is an official part of what the state considers the “administration of justice.”

The change was conceived after a recent court ruling struck down a $3 fee imposed for this purpose. The judge said retired sheriffs are not technically part of the justice system, only current ones are.

“They said it was a technicality,” Cole County Sheriff John Wheeler said. “I appreciate that and that’s why we’re doing this, so we can get it through right away. If we don’t do something, the sheriff’s pension will be bankrupt in nine years and currently has over 200 people using its services.”

Opponents of Amendment 6 do not believe a solution is needed to ensure consistent funding for retired sheriffs and prosecutors, but that this mechanism is not consistent because it is tied to the crime rate in a community.

Amendment 6 does not contain a requirement that someone be convicted before a fee is charged, but simply states: “The administration of justice includes the charging of costs and fees…” The amendment also does not contain a limit on these fees, but such a limit is neither explained , which types of costs will be covered by the change, nor who may be charged for these fees.

“This is not the right solution to ensure that these really important players in our criminal justice system actually receive the pensions and benefits they were promised,” said Mallory Rusch, executive director of Empower Missouri.

Wheeler said any judge could still waive court costs and fees if they determined it would be too much of a burden for the defendant.

Below is the official ballot title and language voters will see on their ballots. The full text of the amendment is set forth in Senate Joint Resolution No. 71.

Official ballot title:

Should the Missouri Constitution be amended to provide for the administration of justice to include the collection of costs and fees to cover salaries and benefits for certain current and former law enforcement officers?

State and local government agencies anticipate unknown financial impacts.

Fair voting language:

A “yes” vote will amend the Missouri Constitution to impose costs and fees to fund the salaries and benefits of current and former sheriffs, prosecutors and district attorneys to ensure all Missourians have access to justice.

A “no” vote will not amend the Missouri Constitution to impose costs and fees related to current or former sheriffs, prosecutors and district attorneys.

If passed, this measure will have no impact on taxes.

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