MLM Counties News. Notices. Need-to-know Information.
The Ferguson Municipal Court will make sweeping changes to its procedures in response to a state law that reforms municipal courts.
Ferguson Municipal Court Judge Donald McCullin issued an order Monday to withdraw all arrest warrants issued before December 31, 2014, and an order changing the conditions for pre-trial release. Defendants will receive new court dates with alternative dispositions, such as payment plans or community service, and the option to commute fines for indigent people.
These orders will meet and exceed requirements contained in Senate Bill 5 and Supreme Court Rule 37.65. Those measures were passed after unrest in Ferguson and elsewhere starting in August 2014 drew attention to abuses in local court systems.
“These changes should continue the process of restoring confidence in the Court, alleviating fears of the consequences of appearing in Court, and giving many residents a fresh start,” McCullin in a news release issued Monday. “Many individuals whose license has been suspended will be able to obtain them and take advantage of the benefits of being able to drive. Moreover, defendants will not be disadvantaged in being afforded pre-trial release because of the inability to make bond.”
If a defendant repeatedly misses court dates, an arrest warrant may be issued or a request may be made to the director of revenue to seek a setoff of the defendant’s tax return. Defendants who have arrest warrants for minor traffic violations will not be incarcerated but will be released on their own recognizance and receive new court dates.
Under the changes, active warrants that are more than five years old will be withdrawn. If the director of revenue suspended a defendant’s driver’s license due to failure to appear in court or failure to pay a fine, the license will be reinstated pending final disposition.
McCullin issued orders necessary for these actions with the support of the Ferguson City Council.
“The Ferguson City Council was informed of the proposed actions by Judge McCullin and applauds the recall of the arrest warrants and the rescission of the driver’s license suspensions in compliance with Senate Bill 5 and as a way to restore confidence in the Municipal Court,” Ferguson Mayor James Knowles said in the release.
